Robert Alt, president and chief executive officer of The Buckeye Institute, recently testified before the U.S. House of Representatives Committee on the Judiciary’s Subcommittee on the Administrative State, Regulatory Reform, and Antitrust. During his testimony, Alt highlighted the inherent problems that arise when government agencies adjudicate their own cases.
In his submitted written testimony, Alt emphasized the unique threats to civil liberties that come with agency adjudication. He pointed out that government agency employees often act as "judge, investigator, and prosecutor" in cases involving their own agency, leading to an undeniable home court advantage. Alt cited statistics showing that agencies like the SEC have significantly higher success rates in their own hearings compared to federal courts, indicating a lack of independence and fairness in the adjudication process.
Alt also raised concerns about how this system deprives Americans of key constitutional protections, such as the right to a jury trial in federal courts and due process. He described the current system as a "usurpation of judicial authority by the administrative state" and stressed the importance of reforming agency adjudication to ensure fair and unbiased outcomes.
Furthermore, Alt addressed the lack of independence among administrative law judges and non-ALJ adjudicators, highlighting how their close ties to the agencies they work for can influence decision-making. He pointed out the deficiencies in procedural safeguards in administrative adjudication compared to Article III courts, emphasizing the need to uphold due process rights for defendants.
In conclusion, Alt reiterated the importance of maintaining the independence of the judiciary and called for reforms to address the shortcomings of the current administrative adjudication system. He emphasized the need to protect civil liberties and ensure fair treatment for all individuals involved in agency adjudication processes.