Automated Advisor Home - Occupations - Administrative Law Judges, Adjudicators, and Hearing Officers - The Basics
Nature of the Work

Judges, magistrates, and other judicial workers apply the law and oversee the legal process in courts according to local, State, and Federal statutes. They preside over cases concerning every aspect of society, from traffic offenses to disputes over the management of professional sports to issues concerning the rights of huge corporations. All judicial workers must ensure that trials and hearings are conducted fairly and that the court safeguards the legal rights of all parties involved.

The most visible responsibility of judges is presiding over trials or hearings and listening as attorneys represent the parties present. Judges rule on the admissibility of evidence and the methods of conducting testimony, and they may be called on to settle disputes between opposing attorneys. Also, they ensure that rules and procedures are followed, and, if unusual circumstances arise for which standard procedures have not been established, judges interpret the law to determine the manner in which the trial will proceed.

Judges often hold pretrial hearings for cases. They listen to allegations and determine whether the evidence presented merits a trial. In criminal cases, judges may decide that persons charged with crimes should be held in jail pending trial, or they may set conditions for their release. In civil cases, they occasionally impose restrictions on the parties until a trial is held.

In many trials, juries are selected to decide guilt or innocence in criminal cases or liability and compensation in civil cases. Judges instruct juries on applicable laws, direct them to deduce the facts from the evidence presented, and hear their verdict. When the law does not require a jury trial or when the parties waive their right to a jury, judges decide cases. In such instances, the judge determines guilt in criminal cases and imposes sentences; in civil cases, the judge awards relief—such as compensation for damages—to the parties to the lawsuit, called litigants. Judges also work outside the courtroom in their chambers or private offices. There, judges read documents on pleadings and motions, research legal issues, write opinions, and oversee the court's operations. In some jurisdictions, judges also manage the courts' administrative and clerical staff.

Judges' duties vary according to the extent of their jurisdictions and powers. General trial court judges of the Federal and State court systems have jurisdiction over any case in their system. They usually try civil cases transcending the jurisdiction of lower courts and all cases involving felony offenses. Federal and State appellate court judges, although few in number, have the power to overrule decisions made by trial court or administrative law judges; appellate court judges exercise their power if they determine that legal errors were made in a case or if legal precedent does not support the judgment of the lower court. Appellate court judges rule on a small number of cases and rarely have direct contact with litigants. Instead, they usually base their decisions on lower court records and on lawyers' written and oral arguments.

Many State court judges preside in courts whose jurisdiction is limited by law to certain types of cases. A variety of titles are assigned to these judges; among the most common are municipal court judge, county court judge, magistrate, and justice of the peace. Traffic violations, misdemeanors, small-claims cases, and pretrial hearings constitute the bulk of the work of State court judges, but some States allow these judges to handle cases involving domestic relations, probate, contracts, and other selected areas of the law.

Administrative law judges, sometimes called hearing officers or adjudicators, are employed by government agencies to make determinations for administrative agencies. These judges make decisions, for example, on a person's eligibility for various Social Security or workers' compensation benefits, on protection of the environment, on the enforcement of health and safety regulations, on employment discrimination, and on compliance with economic regulatory requirements.

Arbitration, mediation, and conciliation—collectively called appropriate dispute resolution (ADR)—are alternative processes that can be used to settle disputes between parties. All ADR hearings are private and confidential, and the processes are less formal than a court trial. If no settlement is reached through ADR, no statements made during the proceedings are admissible as evidence in any subsequent litigation.

There are two types of arbitration—compulsory and voluntary. During compulsory arbitration, opposing parties submit their dispute to one or more impartial persons, called arbitrators, for a final and nonbinding decision. Either party may reject the ruling and request a trial in court. Voluntary arbitration is a process in which opposing parties choose one or more arbitrators to hear their dispute and submit a final, binding decision. Arbitrators usually are attorneys or business persons with expertise in a particular field. The parties identify, in advance, the issues to be resolved by arbitration, the scope of the relief to be awarded, and many of the procedural aspects of the process.

Mediation, or neutral evaluation, involves an attempt by the parties to resolve their dispute with the aid of a neutral third party. This process generally is used when the parties wish to preserve their relationship. A mediator may offer suggestions, but resolution of the dispute rests with the parties themselves. Mediation proceedings also are confidential and private. If the parties are unable to reach a settlement, they are free to pursue other options. The parties usually decide in advance how they will contribute to the cost of mediation. However, many mediators volunteer their services, or they may be court staff. Courts ask that voluntary mediators provide their services at the lowest possible rate and that parties split the cost. Depending on the type of case, court-referred community mediation centers may charge a small fee to the parties involved in mediation.

Conciliation, or facilitation, is similar to mediation. The conciliator's role is to guide the parties to a settlement. The parties must decide in advance whether they will be bound by the conciliator's recommendations; they generally share equally in the cost of the conciliation.


Common Tasks

TaskLevel of ImportanceFrequency
Monitor and direct the activities of trials and hearings to ensure that they are conducted fairly and that courts administer justice while safeguarding the legal rights of all involved parties. 4.73
Weekly or more
(31.36%)
Authorize payment of valid claims and determine method of payment. 4.66
Hourly or more
(38.12%)
Prepare written opinions and decisions. 4.63
Several times a day
(27.42%)
Conduct hearings to review and decide claims regarding issues such as social program eligibility, environmental protection, and enforcement of health and safety regulations. 4.59
Monthly or more
(28.50%)
Review and evaluate data on documents such as claim applications, birth or death certificates, and physician or employer records. 4.55
Hourly or more
(50.35%)
Research and analyze laws, regulations, policies, and precedent decisions to prepare for hearings and to determine conclusions. 4.37
Daily
(28.81%)
Confer with individuals or organizations involved in cases in order to obtain relevant information. 4.35
Hourly or more
(39.38%)
Determine existence and amount of liability, according to current laws, administrative and judicial precedents, and available evidence. 4.27
Weekly or more
(42.12%)
Rule on exceptions, motions, and admissibility of evidence. 4.27
Daily
(34.17%)
Recommend the acceptance or rejection of claims or compromise settlements according to laws, regulations, policies, and precedent decisions. 4.19
Weekly or more
(37.32%)
Explain to claimants how they can appeal rulings that go against them. 3.82
Weekly or more
(27.45%)
Issue subpoenas and administer oaths in preparation for formal hearings. 3.70
Weekly or more
(30.99%)
Conduct studies of appeals procedures in field agencies to ensure adherence to legal requirements and to facilitate determination of cases. 2.85
Yearly or less
(38.80%)


Work Activities

Importance
Getting Information? ] 4.82
Analyzing Data or Information? ] 4.52
Organizing, Planning, and Prioritizing Work? ] 4.50
Processing Information? ] 4.49
Making Decisions and Solving Problems? ] 4.43
Interacting With Computers? ] 4.39
Updating and Using Relevant Knowledge? ] 4.33
Communicating with Persons Outside Organization? ] 4.28
Evaluating Information to Determine Compliance with Standards? ] 4.26
Identifying Objects, Actions, and Events? ] 4.16
Interpreting the Meaning of Information for Others? ] 4.08
Communicating with Supervisors, Peers, or Subordinates? ] 3.87
Establishing and Maintaining Interpersonal Relationships? ] 3.86
Documenting/Recording Information? ] 3.83
Monitor Processes, Materials, or Surroundings? ] 3.80
Resolving Conflicts and Negotiating with Others? ] 3.74
Performing for or Working Directly with the Public? ] 3.71
Judging the Qualities of Things, Services, or People? ] 3.43
Training and Teaching Others? ] 3.38
Scheduling Work and Activities? ] 3.10
Thinking Creatively? ] 3.05
Developing Objectives and Strategies? ] 2.96
Guiding, Directing, and Motivating Subordinates? ] 2.80
Developing and Building Teams? ] 2.72
Coordinating the Work and Activities of Others? ] 2.59
Provide Consultation and Advice to Others? ] 2.53
Estimating the Quantifiable Characteristics of Products, Events, or Information? ] 2.49
Performing Administrative Activities? ] 2.48
Coaching and Developing Others? ] 2.46
Inspecting Equipment, Structures, or Material? ] 2.40
Selling or Influencing Others? ] 2.02
Assisting and Caring for Others? ] 1.75
Drafting, Laying Out, and Specifying Technical Devices, Parts, and Equipment? ] 1.70
Staffing Organizational Units? ] 1.66
Controlling Machines and Processes? ] 1.61
Handling and Moving Objects? ] 1.47
Performing General Physical Activities? ] 1.44
Operating Vehicles, Mechanized Devices, or Equipment? ] 1.35
Monitoring and Controlling Resources? ] 1.30
Repairing and Maintaining Mechanical Equipment? ] 1.00
Repairing and Maintaining Electronic Equipment? ] 1.00
Level
Organizing, Planning, and Prioritizing Work? ] 5.83
Getting Information? ] 5.61
Evaluating Information to Determine Compliance with Standards? ] 5.52
Processing Information? ] 5.50
Updating and Using Relevant Knowledge? ] 5.50
Analyzing Data or Information? ] 5.40
Making Decisions and Solving Problems? ] 5.13
Establishing and Maintaining Interpersonal Relationships? ] 4.93
Identifying Objects, Actions, and Events? ] 4.89
Communicating with Persons Outside Organization? ] 4.86
Communicating with Supervisors, Peers, or Subordinates? ] 4.74
Monitor Processes, Materials, or Surroundings? ] 4.54
Interpreting the Meaning of Information for Others? ] 4.53
Resolving Conflicts and Negotiating with Others? ] 4.43
Documenting/Recording Information? ] 4.37
Judging the Qualities of Things, Services, or People? ] 4.16
Performing for or Working Directly with the Public? ] 3.97
Training and Teaching Others? ] 3.80
Scheduling Work and Activities? ] 3.70
Interacting With Computers? ] 3.54
Developing Objectives and Strategies? ] 3.38
Thinking Creatively? ] 3.35
Coordinating the Work and Activities of Others? ] 3.03
Developing and Building Teams? ] 3.01
Guiding, Directing, and Motivating Subordinates? ] 2.91
Coaching and Developing Others? ] 2.76
Provide Consultation and Advice to Others? ] 2.72
Performing Administrative Activities? ] 2.47
Estimating the Quantifiable Characteristics of Products, Events, or Information? ] 2.30
Inspecting Equipment, Structures, or Material? ] 2.00
Selling or Influencing Others? ] 1.43
Controlling Machines and Processes? ] 1.40
Staffing Organizational Units? ] 1.24
Drafting, Laying Out, and Specifying Technical Devices, Parts, and Equipment? ] 1.03
Handling and Moving Objects? ] 0.93
Assisting and Caring for Others? ] 0.93
Performing General Physical Activities? ] 0.70
Monitoring and Controlling Resources? ] 0.55
Operating Vehicles, Mechanized Devices, or Equipment? ] 0.45
Repairing and Maintaining Mechanical Equipment? ] 0.00
Repairing and Maintaining Electronic Equipment? ] 0.00

 
 

The Automated Advisor v2.0 BETA
© 2007 John J. Horan, Ph.D. - Credits
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