THE PLURAL OF ANECDOTE IS NOT DATA:1 ... - UDC Law Review

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\\jciprod01\productn\D\DCR\16-1\DCR104.txt unknown Seq: 32 29-JAN-13 10:2648 UNIVERSITY OF THE DISTRICT OF COLUMBIA LAW REVIEWas a safety net program, UI appeals are necessarily on a fast track, and neitherparties nor volunteer lawyer coordinators have much time to look for a lawyer. 145For that reason, it is important to ensure that lawyers are available when peopleneed them. Slowing the adjudication of cases is also problematic in the face ofstrict U.S. Department of Labor standards that mandate the resolution of sixtypercent of the cases within thirty days. A system that offers any kind of legalassistance in UI appeals must be designed to provide help quickly, ideally withoutthe need for a continuance.Finally, in order for the OAH to realize its statutory mandate to expedite “thefair and just conclusion of contested cases,” 146 the Council of the District of Columbiamust adequately fund the OAH. There has been a steady uptick in thenumber of UI appeals, and more generally in the scope of the OAH jurisdiction,but no commensurate increase in funding. The Council has acknowledged that,“[t]he Office of Administrative Hearings has traditionally been under-funded andunder-staffed.” 147 At the same time, D.C. is under considerable pressure fromthe Federal Department of Labor to meet statutory timelines. While the OAHmade considerable progress in FY 2010 toward meeting federal standards, 148 itdid so in part by reassigning judges from other case-types to hear UI appeals. 149It may not be feasible or wise to continue to divert ALJs from other work to hearUI appeals.We believe it is entirely possible for self-represented parties to obtain a fairhearing in a UI appeal, and the judges we spoke to and observed are deeplycommitted to this ideal. At the same time, parties in UI appeals overwhelminglywish they had access to more legal assistance before the hearing. It is our hopethat the OAH will continue to partner with the Access to Justice Commission, theDistrict of Columbia Pro Bono Program, local legal service providers and lawschools, and attorneys in private practice to put a system in place that will providemore legal assistance to parties in UI appeals.145 Emsellem & Halas, supra note 14, at 324. R146 Office of Administrative Hearings Establishment Act of 2001, supra note 4. R147 COUNCIL OF THE DISTRICT OF COLUMBIA, COMMITTEE ON PUBLIC SAFETY AND THE JUDI-CIARY, REPORT ON PR 18-629: “CHIEF ADMINISTRATIVE LAW JUDGE OF THE OFFICE OF ADMINIS-TRATIVE HEARING MARY OATES WALKER CONFIRMATION RESOLUTION OF 2010” 9 (2010), availableat http://dcclims1.dccouncil.us/images/00001/20100218125714.pdf.148 E-mail from Ann Yahner, Principal Admin. Law Judge, Office of Admin. Hearings, to ElizabethFigueroa, Admin. Law Judge, Office of Admin. Hearings (April 22, 2011, 12:06:00 EST) (on filewith authors).149 See Letter from Mary Oates Walker, supra note 49, at 8. D.C. is not alone in failing to Rallocate sufficient funds to the adjudication of UI appeals: Generally, “funding tends to be inadequateto process claims in accordance with timeliness demands and that, because of the structure of thefunding mechanism, funding always lags behind workload rather than anticipating it. Mashaw, supranote 144, at 19.R
\\jciprod01\productn\D\DCR\16-1\DCR104.txt unknown Seq: 33 29-JAN-13 10:26THE PLURAL OF ANECDOTE IS NOT DATA 49Dear Sir or Madam:APPENDIX AWe hope you will answer a short survey about your experiences in your unemploymentinsurance case. Law students from The Catholic University of Americaare researching whether self-represented parties in unemployment insurancecases are well prepared for their hearings and whether they use help from a lawyer.By filling out this survey, you will help us answer those questions.This survey is part of a larger project that will try to improve the experience ofself-represented parties before the Office of Administrative Hearings. While theOffice of Administrative Hearings is allowing the law students to conduct thissurvey, it is not part of the survey process and will not see your individual answers.This survey is completely confidential, and your name will never be connectedto your answers.We appreciate your participation. If you have any questions or concerns,please call Professor Faith Mullen at (202) 319-6613.Sincerely,/s/Faith MullenAssistant Clinical Professor
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