Editing Administrative law judge (section)

== Federal appointment and tenure ==
The [[Administrative Procedure Act (United States)|Administrative Procedure Act of 1946]] (APA) requires that federal ALJs be appointed based on scores achieved in a comprehensive testing procedure, including a four-hour written examination and an oral examination before a panel that includes an [[United States Office of Personnel Management|Office of Personnel Management]] representative, an [[American Bar Association]] representative, and a sitting federal ALJ. 

In American [[administrative law]], ALJs are Article I judges under the [[U.S. Constitution]]. As such, they do not exercise full judicial power, essentially, the power over life, liberty, and property. Article I (legislative) judges and courts are not constrained to rendering opinions for only a "case or controversy" before them and may render advisory opinions on a purely prospective basis, such as, ''e.g.'', Congressional reference cases assigned to the [[United States Court of Federal Claims|Court of Federal Claims]]. Agency ALJs do not have the power to offer such advisory opinions, as it would be in violation of the power afforded them under the Administrative Procedures Act, 5 U.S.C. §557. Unlike the agency, ALJs are not policy or rule makers.

ALJs are generally considered to be part of the executive branch, not the judicial branch, but the APA is designed to guarantee the decisional independence of ALJs. They have [[absolute immunity]] from liability for their judicial acts and are triers of fact "insulated from political influence".{{Citation needed|date=February 2013}} Federal administrative law judges are not responsible to, or subject to, the supervision or direction of employees or agents of the federal agency engaged in the performance of investigative or prosecution functions for the agency. ''Ex parte'' communications are prohibited. ALJs are exempt from performance ratings, evaluation, and bonuses. 5 CFR 930.206. Agency officials may not interfere with their decision-making, and administrative law judges may be discharged only for good cause based upon a complaint filed by the agency with the [[Merit Systems Protection Board]] (MSPB) established and determined after an APA hearing on the record before an MSPB ALJ.<ref name=Butz>''[[Butz v. Economou]]'', 438 U.S. 478, 514 [1978]</ref> Only ALJs receive these statutory protections; "hearing officers" or "trial examiners", with delegated hearing functions, are not similarly protected by the APA.

In ''[[Lucia v. SEC]]'', decided in June 2018, the [[Supreme Court of the United States|Supreme Court]] held that ALJs are Inferior Officers within the meaning of the [[Appointments Clause]] of the United States Constitution.<ref name="ap decision">{{cite web | url = https://www.seattletimes.com/nation-world/nation-politics/apxsupreme-court-sides-with-buckets-of-money-financier/ | title = Supreme Court sides with 'Buckets of Money' financier | date=  June 21, 2018 | access-date = June 21, 2018 | publisher = [[Associated Press]] }}</ref><ref>{{cite book | last1= Skowronek | first1= Stephen | last2= Dearborn | first2= John A. | last3= King | first3 = Desmond | name-list-style= amp | url= https://global.oup.com/academic/product/phantoms-of-a-beleaguered-republic-9780197543085?cc=us&lang=en& | title= Phantoms of a Beleaguered Republic: The Deep State and the Unitary Executive | publisher= Oxford University Press | year= 2021 | pages= 153–160| isbn= 978-0-19-754308-5 }}</ref> This means that they must be appointed by the president or by heads of departments (but without also requiring Senate [[advice and consent]], unless Congress amends the law to require that).

=== Attorney Advisors ===
ALJs usually hire Attorney Advisors, who serve a role similar to [[Law clerk#United States|judicial law clerks]] of [[Article III judges]]. For example, Attorney Advisors assist the ALJs with research, writing, drafting of opinions and orders, and assisting with the administration of hearings and other trial-like adjudications. Furthermore, Attorney Advisors usually have practiced as lawyers in the particular field which the ALJ possesses expertise in.