JUDGES IN SEARCH OF A COURT: CHARACTERISTICS, FUNCTIONS, AND PERCEPTIONS OF FEDERAL ADMINISTRATIVE LAW JUDGES (AGENCY ADJUDICATION).

摘要

This study assesses the status of the administrative law judges (ALJs) who adjudicate cases for the federal administrative agencies. The central hypothesis is that examiners, as they were initially called, have evolved into an administrative judiciary. This implies that ALJs perform judicial functions, see themselves as judges, and perceive their missions in terms of a due process model. Data on the characteristics, functions, and perceptions of ALJs were obtained from a survey conducted of 427 ALJs in twenty-seven different federal agencies. The quantitative responses to the questionnaire are presented and their implications are analyzed using some of the theoretical constructs from the social sciences, including role theory, organization theory, and the sociology of the professions. The relationship between the process of professionalization and judicialization is of particular interest.;Survey data also point to areas of uniformity and uniqueness in ALJs' functions and practices. Proposals for reform of the administrative process are evaluated in this light. Heavy support is found among ALJs for the formation of an independent corps of administrative judges and also for the creation of an administrative court.;The study concludes that there is an empirical basis for the contention that the transition from examiner to judge amounts to more than a title change and that ALJs increasingly reflect a judicial model.;A collective portrait of ALJs explores the effect of a merit selection process on the composition of the administrative judiciary. This analysis of the social backgrounds of ALJs suggests that they are somewhat different from the products of other selection systems. An examination of ALJs' role perceptions and influences on decision-making shows that the judicial tradition of independence can exist within an administrative context. Nonetheless, there is evidence of professional and organizational stress in the face of demands for mass justice.