No Evidence Found to Substantiate Allegations Against USCG Judges

The U.S. Department of Homeland Security Office of Inspector General has issued his final report on the Coast Guard Administrative Law Judge program. The Executive Summary states as follows:

"On May 9, 2007, a retired United States Coast Guard (USCG) Administrative Law Judge (ALJ), Jeffie J. Massey, filed an affidavit in support of the plaintiff in Dresser vs. Ingolia et al., Civil Action No. 07-1497 (Eastern District, Louisiana). In her affidavit, and when later testifying before Congress, ALJ Massey made several allegations of bias within the Coast Guard's ALJ program. ALJ Massey said that the Chief ALJ, Joseph N. Ingolia,
specifically told her to always rule in the Coast Guard's favor. She also inferred from other alleged remarks made by him and another Coast Guard ALJ that the Chief ALJ had directed that ALJ to rule in favor of the Coast Guard. ALJ Massey also alleged that the Chief ALJ and others engaged in improper conversations regarding pending cases.

The allegations have brought the integrity of the entire ALJ program into question. Congress introduced legislation to transfer suspension and revocation hearings to the National Transportation Safety Board, and respondents appearing before the Coast Guard's ALJs have questioned the independence of its ALJs. At the request of the Vice-Commandant for the Coast Guard, we initiated a review to determine the merits of ALJ Massey's allegations.

We were not able to substantiate ALJ Massey's allegations. We did not determine that the Chief ALJ and others made the alleged remarks, or that the remarks, if made, meant that the Chief ALJ and others engaged in misconduct by directing subordinate ALJs to rule in favor of the Coast Guard. There is no evidence supporting ALJ Massey's claim that the Chief ALJ held improper conversations with other ALJs about desired outcomes in specific cases or otherwise deprived mariners of due process in administrative proceedings. We did determine that the Chief ALJ instructed ALJ Massey to follow regulations because she was not following regulations. ALJ Massey's conduct in disclosing the allegations also reinforced our conclusions and led us to doubt her claims. The Coast Guard declined to provide formal comments in response to our draft report."

This information is available to the public at
http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_10-108_Aug10.pdf

To read more on the Inspector General's recommendation's click here.