NATIONAL ASSOCIATION OF ADMINISTRATIVE LAW JUDICIARY …

NATIONAL ASSOCIATION OF

ADMINISTRATIVE LAW JUDICIARY

2020 ANNUAL CONFERENCE ONLINE

OCTOBER 5, 2020 1:00PM – 5:00PM EDT

PROGRAM

NAALJ WISHES TO ACKNOWLEDGE THE SUPPORT OF THE NATIONAL JUDICIAL COLLEGE IN SPONSORING THE CONFERENCE

National Association of Administrative Law Judiciary Annual Conference Program, October 5, 2020 P a g e 2 |

TABLE OF CONTENTS

Welcome from the President ……………...…………………………….…… 3

The National Judicial College..……….…..…………………………….……… 4

Thomson Reuters Ad …….…………………………………………………….….. 5

Schedule of Events ………….…………………………………….………..….….. 6

Faculty Bios ……………………………………….…….………………………….….. 9

State Affiliate Ad ………………………………………………..…………………..17

State Affiliate Ad ………………………………………………..…………………..18

Written Materials

Click this link for written materials provided for the Conference

http://naalj.org/resources/2020%20Annual%20Online%20Conference/2020_NAALJ_Webinar_Written_Materials.pdf


October 5, 2020

Dear Conference Attendees: Welcome to our 46th Annual Conference, our very first virtual annual conference. And what a year it has been, one that none of us imagined. Public confidence that the law will be equitably and impartially applied, long a concern for courts, was called into question and continues to be at the forefront of many minds. Attacks on the independence and impartiality of judges continued. Physical attacks on judges escalated. The public health emergency and financial fallout that followed resulted in huge upticks in caseloads for administrative courts, many of whom were not equipped to hastily convert to remote adjudication. Throughout, NAALJ continued to serve as a resource and forum for discussion of these issues. Once again this year, our mid-year webinar had record attendance and showed the dedication of ALJs and hearing officers to sharing ideas on best practices as well as staying current on issues that affect those who practice before us. Your NAALJ Board should be commended for not only taking steps to implement the strategic plan adopted at last year’s annual membership meeting, but also for ensuring that NAALJ addressed new issues faced by its members as a result of the public health emergency related to COVID-19, and maintaining NAALJ’s fiscal wellbeing. During this conference, I hope you enjoy the synergy that comes with learning with colleagues, something that has been missed over the past few months during physical closures and distancing. We have a terrific program that hones in on what we have learned about how to continue on with the important work we do in the midst of a public health crisis and when the public depends heavily on administrative courts to resolve disputes with government agencies. NAALJ is at its best when members are familiar with its benefits, are active in committees or affiliates, and stay connected in between conferences. As always, please contact Board members and our Executive Director, Tina Schott, about any questions, concerns or ideas you have for NAALJ. Sign up for a committee or volunteer to help with next year's conference, which we hope might return to its usual in-person format. Thank you for your continuing support of NAALJ and sharing our important mission to promote an impartial, professional administrative judiciary that adheres to high ethical standards and understands the administrative judiciary’s necessary role in the function of government. Enjoy the conference! Best regards,

Hon. Elizabeth Figueroa President

Improving the Quality of Administrative Justice

Officers

Hon. Elizabeth Figueroa Washington, DC

President

Hon. John Leidig Hunt Valley, MD President-Elect

Hon. Brian Stewart Salt Lake City, UT

Treasurer

Hon. Ana Kennedy Atlanta, GA

Secretary

Board of Governors Hon. Karen Clopton San Francisco, CA

Hon. Bruce Culpepper

Tallahassee, FL

Richard Goodwin Fresno, CA

Hon. Raymond Kramer

New York, NY

Hon. Anne Murphy New York, NY

Hon. Dawn Boucher

Iowa City, IA

Hon. Mary Shock Hunt Valley, MD

Hon. Steven Wise

Helena, MT

Hon. Mary Li Creasy Tallahassee, FL

Immediate Past President

NAALJ Office 1 Ridge Court

Placitas, NM 87043 (855) 756-2255

(855) 787-2225 FAX www.naalj.org

[email protected]

http://www.naalj.org/

mailto:[email protected]


or more than 50 years, The National Judicial College has remained the national leader in judicial education. The first to offer programs to judges nationwide, the NJC continues to work with the

judiciary to improve productivity, challenge current perceptions of justice and inspire judges to achieve judicial excellence. The College serves as the one place where judges from across the nation and around the world can meet to improve the delivery of justice and advance the rule of law through a disciplined process of professional study and collegial dialogue. By offering an average of 100 courses/programs annually with more than 8,000 judges attending from all 50 states, U.S. territories and more than 150 countries, the NJC seeks to further its mission of making the world a more just place by educating and inspiring is judiciary. With the growth of online education, more than 10,000 judicial officers are accessing 30 to 50 web events each year.

For more information on the National Judicial College, go to https://www.judges.org/

F

https://www.judges.org/



NAALJ ONLINE ANNUAL CONFERENCE October 5, 2020

SCHEDULE OF EVENTS

1:00 – 2:00 pm Conducting Hearings During Coronavirus and Other Disasters Co-sponsored with the ABA National Conference of the Administrative Law Judiciary Moderator: Hon. H. Alexander Manuel, Chair, ABA National Conference of the

Administrative Law Judiciary

This program will provide best practice recommendations for court operations during COVID based on the experiences of courts and public health experts. Our experts will briefly cover the latest developments in COVID epidemiology and public health, as well as expected trends with the spread of the virus. Judges and researchers will share their actual experiences during reopening and the survey results and solutions they have employed to mitigate risk. The panel will also share the best recommendations developed by the Administrative Conference of the United States and the American Bar Association Coronavirus (COVID-19) Task Force. The panel will share their recommendations with questions such as: "Are litigants entitled to testify with or without facemasks?" "Are litigants entitled to see the judges' face without a mask during the proceedings?" "Are courts required to use HVAC systems that screen for COVID?" "If someone tests positive for COVID, are they entitled to privacy? Who should be informed? Should the court shutdown?" Please join us for an informative and interactive discussion that may assist you with your court's covid decision-making. Panelists: Hon. Mimi Tsankov, U.S. Immigration Judge, ABA Commission on Immigration, New York Jeremy Graboyes, Deputy Research Director, Administrative Conference of the United States, Washington, DC Richard A. Berg, MD, Baltimore, MD Jim Pauli, CEO, Innovative Justice Solutions, LLC

2:00 – 2:20 pm Due Process and Administrative Hearings in the Time of Covid-19 Hon. Leslie Ann Birnbaum, Washington Board of Industrial Insurance Appeals NAALJ Foundation 2020 Fellowship Award Speaker

Leslie Birnbaum will present on due process and administrative hearings during the pandemic. The days of “business as usual” in courts and administrative forums are gone, at least for the near future. How does the administrative hearing process survive and preserve due process? The presentation will examine the effects of the coronavirus on due process in


the administrative forum. It will reflect on adaptations and the flexibility of due process in the absence of in-person hearings. The presentation will also discuss lessons learned and changes that may survive the pandemic.

2:20 – 3:10 pm Best Practices in Telephone and Videoconference Hearings Including a discussion on issues pertinent to Special Education due process hearings under the Individuals with Disabilities Education Act Moderator: Hon. Gwenlynn D’Souza, DC Dep’t of Employment Services,

Office of Hearings and Adjudication, Washington, DC A discussion on the evolving best practices in telephone and videoconference hearings with consideration of issues pertinent to Special Education due process hearings under the Individuals with Disabilities Education Act. Panelists will discuss how to set-up a hearing with remote participants, how to implement the formal hearing, and how the virtual hearing format affects decision-making, if at all. Panelists will share their perspectives on contacting persons for scheduling, inquiry into witness access to technology, consideration of mediation as an alternative to Due Process Hearing, agency procedures for the presentation of exhibits, and technological tips, among other topics.

Panelists: Hon. Deborah Carroll, DC Office of Administrative Hearings, Washington, DC Hon. Michelle Cole, Maryland Office of Administrative Hearings, Hunt Valley, MD Jeremy Graboyes, Deputy Research Director, Administrative Conference of the United States Frederic I. Lederer, Chancellor Professor of Law and Director, Center for Legal & Court Technology, William & Mary Law School, Williamsburg, VA

3:10 – 4:00 pm Judicial Ethics in the Time of COVID Issues Peculiar to Handling Cases, including Special Education Cases, Remotely

Moderator: Hon. Claudia Crichlow, Office of Administrative Hearings, Washington, DC In the virtual world that we find ourselves currently working, judges on every court have been pushed to reimagine judicial ethics. In this 50-minute presentation we will discuss some of the challenges facing judges in this “new normal”. Through the use of hypotheticals scenarios, we will discuss the ethical challenges that are common to virtual hearings.

Panelists: Hon. Claudia Crichlow, DC Office of Administrative Hearings, Washington, DC Hon. Christopher Costa, DC Office of Administrative Hearings, Washington, DC Hon. Denise Shaffer, Maryland Office of Administrative Hearings, Hunt Valley, MD

National Association of Administrative Law Judiciary Annual Conference Program, October 5, 2020 P a g e 8

4:00 – 4:50 pm NAALJ Annual Membership Meeting

• Call to Order (Hon. Elizabeth Figueroa, President) • The 2019 General Membership Meeting Minutes for the meeting held in October 2019 in San Mateo, CA, are posted on the NAALJ website. • President’s Annual Report • Treasurer’s Statement of Financial Condition (Hon. Brian Stewart, Treasurer) • Audit Committee’s findings on accuracy and compliance after examining financial records and Treasurer’s annual report for Years 2017, 2018, and 2019 (Hon. Bruce Culpepper, Audit Committee Member) • Election of Officers and Board of Governors

(Nominating Committee Chair Hon. John Leidig) The 2020 Nominating Committee Slate of Candidates President-Elect Jami Webster Hall, Peoria, Illinois Secretary Brian Stewart, Salt Lake City, Utah Treasurer Richard Goodwin, Fresno, California Returning Board Members whose 2-year terms expire in 2021: Board Member 2-year term Karen Clopton, San Francisco, California Board Member 2-year term Steve Wise, Helena, Montana Board Member 2-year term Ray Kramer, New York, New York Board Member 2-year term Bruce Culpepper, Tallahassee, Florida New Board Members: Board Member 2-year term W. Anthony Colbert, San Francisco, California Board Member 2-year term Thomas J. Augustine, Clive, Iowa Board Member 2-year term Gabriel Paul, Carmel, Indiana Board Member 2-year term Michael R. Osborn, Hunt Valley, Maryland

• Solicitation of Nominations from the Floor (Hon. John Leidig)

• Membership Vote (Hon. John Leidig)

• Commendations to Departing Officers and Board of Governors (Hon. Elizabeth Figueroa)

• Swearing-in of President and Newly Elected Officers and Board of Governors (Hon. Elizabeth Figueroa)

• Acceptance and Remarks by New President (Hon. John Leidig)

• Other: Announcements re: NALJF Silent Auction (Hon. Anne Murphy, Hon. Jami Webster Hall, Executive Director Tina Schott)

• Closing Remarks (Hon. John Leidig)


FACULTY BIOS

Richard A. Berg, MD Baltimore, Maryland

Dr. Richard A Berg, MD specializes in internal medicine in Baltimore,

MD and has over 45 years of experience in the field of medicine. He graduated from Cornell University Medical College with his medical degree in 1975. He is affiliated with numerous hospitals in Maryland and more, including Sinai Hospital of Baltimore. Dr. Berg says, “Growing up in a small Pennsylvania town, he was influenced by the doctors who were completely dedicated to their patients constantly working in their best interest. And now I have found that to be a compelling model for clinical practice. I believe this is a profession, not a trade, and I always work in my patient's best interest. It is a privilege for me to function in a capacity where I can potentially help avoid medical problems or treat problems as they arise. My philosophy is to do my job, both technically and emotionally to the

best of my ability and in the interests of my patients. My guiding principles are simple - tell the truth and don't be arrogant.” Hon. Leslie Ann Birnbaum Lakewood, Washington

The Honorable Leslie Ann Birnbaum has been an industrial appeals judge for the Washington State Board of Industrial Insurance Appeals for about five years. Her responsibilities include conducting scheduling and status conferences, research, writing, conducting motions and evidentiary hearings, issuing oral and written rulings and drafting written orders. Prior to working as an industrial appeals judge, she was an administrative law judge at the Office of Administrative Hearings for five years. She conducted unemployment hearings and hearings from a variety of state agency appeals from the Department of Financial Institutions, Department of Licensing, Labor and Industries, Gambling Commission and Liquor Control Board. She has a Bachelor of Science degree from the University of Toronto, a Master of Education degree from the

Harvard Graduate School of Education and a law degree from Northeastern University. She was born in Toronto, Canada and now lives in the Pacific Northwest.


Hon. Deborah Carroll Washington, DC

The Honorable Deborah Carroll is the interim Chief Administrative Law Judge of the District of Columbia Office of Administrative Hearings. Previously, in the District of Columbia, Deborah served as the Director for the DC Department of Employment Services (DOES), the interim Director and past Administrator for the DC Department of Human Services Economic Security Administration (DHS). She also served as the Acting General Counsel and Deputy General Counsel for the DC Department of Human Services (DHS).

Hon. Michelle Cole Hunt Valley, Maryland

The Honorable Michelle Cole is an Administrative Law Judge with the Maryland Office of Administrative Hearings and the outgoing President of the Maryland Association of Administrative Law Judiciary. As a MAALJ faculty member, Michelle presented lectures on MVA law and evidence. Prior to serving as an ALJ, Michelle was an Assistant Attorney General in the Criminal Appeals Division of the Maryland Attorney General’s Office for thirteen years.


Hon. Christopher Costa Washington, DC

The Honorable Christopher Costa was appointed as an Administrative Law Judge for the District of Columbia Office of Administrative Hearings in May 2018. Prior to his appointment, Judge Costa practiced in a number of small-, mid-, and large-sized law firms, and government. Judge Costa served as law clerk or legal intern for federal and state judges and was appointed through the U.S. Attorney General’s Honors Program as an attorney-advisor to a federal administrative law judge. Judge Costa’s law practice involved civil litigation in state and federal trial and appellate courts, administrative adjudications and rulemakings, and legislative lobbying, drafting and enactment. His experience includes a wide variety of substantive and procedural

issues, such as constitutional and open government issues, medical malpractice and other torts, professional licensing, regulatory enforcement actions, and contracts and employment disputes. He frequently represented parties in formal and informal alternative dispute resolution such as mediation and arbitration and is a certified mediator. Throughout his career, Judge Costa enjoyed handling pro bono cases and staffing free legal clinics through the DC Bar Pro Bono Center and other legal services organizations. Judge Costa began his public service in earnest when he served as an educator and community developer in the U.S. Peace Corps in the Transylvanian region of Romania. Thereafter, Judge Costa received a Juris Doctor Cum Laude from George Mason University School of Law and is a member of the bars of the District of Columbia, Virginia, and Maryland.

Hon. Claudia Crichlow Washington, DC

The Honorable Claudia Crichlow joined the Office of Administrative Hearings after an 18-year career at the District of Columbia Public Defender Service. She currently serves as the Principal Administrative Law Judge for the Licensing and Enforcement jurisdictions. Judge Crichlow received her undergraduate degree from Hunter College, and her Juris Doctor from Georgetown University School of Law.


Hon. Gwenlynn D’Souza Washington, DC

The Honorable Gwenlynn D’Souza is an Administrative Law Judge with the District of Columbia Office of Employment Services Administrative Hearings Division. Gwen has adjudicated hundreds of public and private sector workers’ compensation cases. Previously, as a private sector attorney, her focus was on employment law matters. Gwen has organized over a dozen continuing legal education programs and contributed to employment law related desk books.

Hon. Elizabeth Figueroa Washington, DC

The Honorable Elizabeth Figueroa is President of NAALJ. She has served as an administrative law judge at the District of Columbia Office of Administrative Hearings since December 2006. She currently presides in employment cases and previously served as the Principal Administrative Law Judge over the public benefits jurisdiction. Additionally, she chairs the OAH Training Committee, has developed a robust in-house training program for new judges, and teaches at the National Judicial College. Judge Figueroa also serves on the OAH Rules Committee. Before becoming an administrative law judge, Judge Figueroa spent 20 years in the non-profit and private sectors, with a primary focus on real estate and non-profit housing. Judge Figueroa is a member of the District of Columbia and Wisconsin bars. Judge Figueroa has been a member of NAALJ since 2007, has served on the Board of Governors of NAALJ since 2015, and previously

served as the president of DCAALJ, the District of Columbia NAALJ affiliate. Judge Figueroa chaired the NAALJ Membership Committee from 2015 through 2017. She was awarded the 2014 National Administrative Law Judiciary Foundation (NALJF) Fellowship, for her research and scholarly work “Transparency in Administrative Courts: From the Outside Looking In.” Judge Figueroa is certified to teach English as a second language, which she does as a volunteer. She also is a volunteer historical docent at the National Building Museum. Her other interests include mosaic arts and painting.


Jeremy Graboyes Washington, DC

Mr. Graboyes is Deputy Research Director at Administrative

Conference of the United States. Jeremy advises officials on matters related to adjudication, rulemaking, policy development, technology, and training. Before joining ACUS, he worked as an Attorney Advisor for the Social Security Administration’s Appeals Council, which serves as the final level of administrative appeal for claims under Titles II and XVI of the Social Security Act.

Professor Frederic Lederer Williamsburg, Virginia

Professor Lederer is Chancellor Professor of Law and Director of the Center for Legal & Court Technology (CLCT) at William & Mary Law School. Fred is responsible for the McGlothlin Courtroom, the world's most technologically advanced trial and appellate courtroom, and the Court Affiliates, an organization of federal, state, and foreign courts. He is a former prosecutor, defense attorney, and trial judge.


Hon. H. Alexander Manuel Washington, DC

The Honorable H. Alexander Manuel has served as an Administrative Judge for the United States Department of Housing and Urban Development (HUD) since 2007. He presides over administrative disputes principally involving HUD and FHA-insured mortgages. His cases also include debarment and suspension actions involving HUD contractors and vendors, including mortgage lenders, law firms, accounting firms and other professionals. In 1996, Judge Manuel was appointed by the Virginia Supreme Court to serve as an Administrative Hearing Officer. He served in this capacity for five years, presiding over employment discrimination claims by state employees and due process hearings in special education cases. He

spent much of his career as both in-house and private counsel litigating cases on behalf of the Federal Deposit Insurance

Corporation (FDIC) from 1986 to 1997. During this time he served as in-house Counsel for the FDIC in Washington, DC. In 1991, he went into private practice serving as the resident Washington, DC partner for the Los Angeles law firm of Meserve, Mumper & Hughes, and later established the firm of Gray, Manuel, Keshen & Lafalce in strategic partnership with the former law firm of Pillsbury, Madison & Sutro of San Francisco, CA. He is a graduate of the University of Pennsylvania Law School and is a veteran of the United States Army and Air Force. He is also a member of the District of Columbia Bar and Virginia State Bar. His professional memberships include the American Bar Association, National Conference of the Administrative Law Judiciary, the National Bar Association, the White House Initiative on Asian Americans and Pacific Islanders, the National Press Club, the Sasakawa Peace Foundation USA, and other organizations. Jim Pauli Silver Spring, Maryland

Mr. Pauli is the Founder and President of Innovative Justice Solutions LLC, a firm that provides strategic, operational, and technology consulting to courts, justice agencies, law firms, and justice nonprofits. Mr. Pauli played a significant role in envisioning, developing, conducting, and reporting on the ABA National Conference of Administrative Law Judiciary’s (NCALJ) two COVID-19 surveys. For 35 years, he has been developing and conducting surveys for clients. Mr. Pauli practiced law in Maryland and the District of Columbia and was a management committee member of the Greenbelt, Maryland firm of Reichelt, Nussbaum, and Brown. Mr. Pauli received an MBA from the University of Maryland’s Robert H. Smith School of Business with concentrations in operations research and finance. Out of high school, Mr. Pauli was accepted

into a joint Juris Doctor and BS in Management Law program at Rensselaer Polytechnic Institute’s Lally School of Management and

Albany Law School.


Hon. Denise Shaffer Hunt Valley, Maryland

The Honorable Denise Shaffer is Director, Quality Assurance, for the Maryland Office of Administrative Hearings. Administrative Law Judge since 1998. The Quality Assurance Division is responsible for new ALJ training as well as CLEs for experienced ALJs. The Maryland OAH is a Central Panel Hearing Agency that conducts hearings for approximately 30 executive branch agencies in over 500 different subject areas. She attended Loyola University of Maryland and graduated from the University of Maryland Francis King Carey School of Law with a J.D. Her previous experience included Law Clerk for the Honorable John C. Eldridge, Court of Appeals of Maryland; Georgetown University School of Law, Prettyman Fellow; Appellate

Division, Office of the Public Defender; former Adjunct Professor, University of Baltimore School of Law, Mediation Skills.

Hon. Mimi Tsankov New York, New York

The Honorable Mimi Tsankov is an Immigration Judge at the New York Federal Plaza Immigration Court. She is appearing in this program in her capacity as Eastern Regional Vice President, National Association of Immigration Judges. At the Immigration Court, for the past 15 years, she has held a variety of national leadership roles including Pro Bono Liaison Judge, contributing editor to the Immigration Judge Benchbook, Board of Immigration Appeals Precedent Committee, and Juvenile Docket Best Practices Committee Chair. In her personal capacity, she has been elected to the Federal Bar Association (FBA) Board of Directors and serves as Immediate Past President of the FBA Southern District of New York (SDNY) Chapter. Presently she serves on the Board of the FBA Judicial Division and the Diversity and Inclusion Committee. At the

American Bar Association (ABA), she is a NAIJ Liaison to the Commission on Immigration and is a member of the Executive Board of

the Judicial Division, National Conference of Administrative Law Judiciary. Judge Tsankov serves as an adjunct faculty member at the Fordham Law School in New York.


Megan Wagner, Esq. Thomson Reuters

Attorney Wagner is a former trial attorney who practiced law for five years in the New York State Court system. She is licensed to practice in New York, Pennsylvania and Texas. She joined Thomson Reuters in 2014 training and educating clients on Westlaw and other Thomson Reuters solutions in Texas. Currently, Megan works with government accounts such as state and local courts, state agencies, city legal departments and other government entities across the States of Texas and New Mexico.


The Maryland Association of Administrative Law Judiciary

Congratulates

Chung K. Pak

on his appointment as

Chief Administrative Law Judge of the Maryland Office of Administrative Hearings

on June 9, 2020

Please visit us at

www.mdaalj.org

11101 Gilroy Road, Hunt Valley, Maryland 21031

MAALJ Affiliate 2020 President: ALJ Kathleen Chapman


The New York State Administrative Law Judges Association

Congratulates

The National Association of Administrative Law Judiciary

on the occasion of the NAALJ 46th Annual Online Meeting & Conference

and

takes great pride that six New Yorkers have served

as NAALJ President

Hon. David J. Agatstein 1980-1981

Hon. Margaret Giovanniello 1986-1987

Hon. Tyrone T. Butler 2004–2005

Hon. Catherine M. Bennett 2006–2007

Hon. John G. Farrell 2011-2012

Hon. Peter S. Loomis 2016-2017

and for the Victor J. Rosskopf Award recipients

Hon. Peter S. Loomis 2012 & Catherine M. Bennett 2018

Documents

NATIONAL ASSOCIATION OF ADMINISTRATIVE LAW JUDICIARY …