Unlike the United States, in the United Kingdom the Tribunals, Courts and Enforcement Act 2007 recognises legally qualified members of the national system of administrative law tribunals as members of the judiciary of the United Kingdom who are guaranteed judicial independence. In a 2013 majority opinion signed by Associate Justice Antonin Scalia, the U. Supreme Court explained: The dissent overstates when it claims that agencies exercise “legislative power” and “judicial power” ... the latter in the “one supreme Court” and “such inferior Courts as the Congress may from time to time ordain and establish” ... These activities take “legislative” and “judicial” forms, but they are exercises of—indeed, under our constitutional structure they must be exercises of—the “executive Power.” In 2013, the Social Security Administration had by far the largest number of ALJs at over 1,400, who adjudicate over 700,000 cases each year. Office of Personnel Management to lend them Administrative Law Judges from other federal agencies for a period of up to six months.
ALJs cannot be recognized as members of the judicial branch of government (without first completely ejecting them from their home agencies in the executive branch), because to do so would violate the bedrock principle of separation of powers as embodied in the U. The average SSA hearing process occurs over a period of 373 days. Some states, such as California, follow the federal model of having a separate corps of ALJs attached to each agency that uses them.
Others, such as New Jersey, have consolidated all ALJs together into a single agency that holds hearings on behalf of all other state agencies.
This type of state adjudicatory agency is called a "central panel agency".
Professional organizations that represent federal ALJs include the Federal Administrative Law Judges Conference, the Association of Administrative Law Judges, which represents only Social Security ALJs, and the Forum of United States Administrative Law judges.