Federal Government Policy and Business

OPM Moves to Formally Shift Administrative Law Judges Out of Competitive Service

Government Executive: The Office of Personnel Management on Friday moved to formally implement a 2018 executive order switching administrative law judges from the competitive hiring process to the excepted service, giving the president and agency heads broader latitude in appointments.

Traditionally, administrative law judge candidates have been vetted by OPM, which would then create a list of qualified applicants from which an agency could choose. But following the Supreme Court decision Lucia v. Securities and Exchange Commission, which found that administrative law judges at the SEC were inferior officers per the Appointments Clause of the Constitution and required direct agency head appointment, President Trump issued an executive order moving all ALJ hiring to the excepted service.

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