NATIONAL ASSOCIATION OF ADMINISTRATIVE LAW JUDICIARY

 Writing Up and Writing Down

The presentation emphasizes that an ALJ’s written decisions serve two audiences—and must be crafted differently for each.

Writing Up (for appellate courts & the legal community)

• Your decision becomes part of the legal record.

• Appellate judges review with limited context, so clarity is essential.

• Strong reasoning preserves deference.

• Key principles:

  • Legal precision

  • Preservation of the record

  • Transparent, visible reasoning

  • Professional, judicial tone

Writing Down (for parties, agencies, and the public)

• For many litigants, this decision is their only interaction with the justice system.

• Clear explanations enhance legitimacy and understanding.

• Key principles:

  • Accessibility

  • Clarity

  • Dignity

Practical Decision-Writing Checklist

• Identify the correct audience

• Use plain, clear language

• Frame issues cleanly

• Make reasoning explicit

• Maintain judicial tone

• Proofread

• Ask whether the decision models fairness and transparency

️ 2. Maintaining Judicial Independence

The presentation explores the unique pressures ALJs face and how to safeguard impartiality.

Challenges to Independence

• Agency pressure—direct or subtle

• Political shifts and leadership priorities

• High caseloads and performance metrics

• Repeated fact patterns (risk of confirmation bias)

• Emotional reactions to difficult parties

• Public or political scrutiny

Strategies for Preserving Impartiality

• Use procedural fairness as a protective framework

• Ground decisions in the record and governing law

• Maintain transparency in process and reasoning

• Recuse or disclose when appropriate

• Seek peer support rather than isolating

Independence Checklist

• Pause before reacting to pressure or difficult behavior

• Maintain professional distance from agency advocates

• Ask whether your reasoning withstands external scrutiny

• Use decision-writing to express concerns appropriately

• Lean on colleagues when feeling pressured

Ripple Effects of Independence

• More durable outcomes

• Stronger agency culture

• Greater compliance, even from losing parties

• Enhanced credibility of the administrative justice system

3. Treating Litigants with Respect and Compassion

The presentation underscores that compassion is not softness—it is a judicial choice that strengthens legitimacy.

Why Respect Matters

• Litigants bring emotional stress, power imbalances, and distrust into the hearing room.

• Humane treatment improves perceptions of fairness and compliance.

Respect in Practice

• Clear, patient verbal explanations

• Attentive, calm nonverbal communication

• Thoughtful handling of self‑represented litigants

• Firm but fair control of proceedings

Daily Habits to Foster Respect

• Reset between cases

• Begin hearings with a warm, clear explanation of process

• Take breaks when frustrated

• Write decisions with empathy as well as accuracy

Ripple Effects of Respect

• Better compliance

• Improved public perception of agency justice

• Positive modeling for colleagues and staff

Final Reflection

The rule of law depends on judges who exercise independence, clarity, fairness, and humanity in their daily work. Thoughtful judicial choices create ripple effects that strengthen the entire administrative justice system.