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Administrative Judiciary and Federal Lawyers-Navigating the Current Employment Environment to Preserve our Position and Serve the Public (Presented by the Federal Bar Association Judiciary Division and Labor & Employment Law Section)

2025-08-26 16:00:00

1 hours

2025-08-26 16:00:00

1 hours

Federal judges and attorneys navigate unprecedented employment challenges including executive orders, MSPB processes, and constitutional issues affecting job protections.

2025-08-26 16:00:00

1 hours

Federal judges and attorneys navigate unprecedented employment challenges including executive orders, MSPB processes, and constitutional issues affecting job protections.

2025-08-26 16:00:00

1 hours

1000+

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Access to live webinars & recordings

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

Course Overview

Navigating Federal Employment Challenges for Administrative Judiciary

Participants will learn MSPB processes, executive order impacts, and constitutional challenges affecting ALJs, AJs, and federal attorneys. These strategies help preserve positions while serving the public during unprecedented workforce changes.

MSPB Procedures

Navigate formal discipline hearings and Douglas factors.

Executive Orders

Analyze impacts on settlements and employee classifications.

Constitutional Challenges

Evaluate Jarkesy implications for ALJ protections.

Forum Selection

Apply Thunder Basin doctrine to case strategy.

Course Overview

Navigating Federal Employment Challenges for Administrative Judiciary

Participants will learn MSPB processes, executive order impacts, and constitutional challenges affecting ALJs, AJs, and federal attorneys. These strategies help preserve positions while serving the public during unprecedented workforce changes.

MSPB Procedures

Navigate formal discipline hearings and Douglas factors.

Executive Orders

Analyze impacts on settlements and employee classifications.

Constitutional Challenges

Evaluate Jarkesy implications for ALJ protections.

Forum Selection

Apply Thunder Basin doctrine to case strategy.

Why Attend

Why this 
program matters

Understanding federal employment law protections is critical for legal practitioners representing administrative judges and federal attorneys facing unprecedented workforce changes and evolving procedural rights.
10.6k+
MSPB appeals received by April 2025—more than twice the annual workload in fewer than seven months.
317k
Federal employees separated from government service between January and November 2025, representing a 13.7% decrease.
2x
Increase in MSPB case filings in FY2025 compared to typical annual workload, straining agency adjudication capacity.
5
Years of MSPB quorum absence (2017-2022) that created a 3,800-case backlog, highlighting risks of institutional disruption.

Agenda

Session 1

Current Employment Environment and MSPB Process Overview

Session 2

Executive Orders Impacting ALJ Discipline and Removal

Session 3

Jarkesy Decision and Constitutional Removal Protections

Session 4

Forum Selection and Thunder Basin Doctrine

Session 5

Civil Service Reforms Affecting Federal Legal Professionals

Session 6

Q&A Session and Available Professional Resources

clock 4:00 pm - 4:10 pm EST

Current Employment Environment and MSPB Process Overview

Jim Koford

Wurz Financial Service

This session examines the unprecedented challenges facing administrative law judges, including return-to-office orders, elimination of collective bargaining rights, and mass terminations. Attendees will learn about the MSPB process for ALJs, including formal discipline procedures, the grievance process, Douglas factors in penalty analysis, and available resources through the Office of Special Counsel and EEO.

Jim Koford

Wurz Financial Service

clock 4:10 pm - 4:20 pm EST

Executive Orders Impacting ALJ Discipline and Removal

Jim Koford

Wurz Financial Service

This session analyzes key executive orders reshaping the federal employment landscape, including EO 14171 ending clean record settlements and EO 13957 creating Schedule Policy classifications. Participants will understand how EO 14251 forecloses negotiated grievance processes and the practical implications for administrative judges facing adverse actions.

Jim Koford

Wurz Financial Service

clock 4:20 pm - 4:30 pm EST

Jarkesy Decision and Constitutional Removal Protections

Jim Koford

Wurz Financial Service

This session explores the Jarkesy decision and its constitutional challenges to ALJ removal protections, examining the current circuit split on whether multiple layers of protection are unconstitutional. Attendees will learn about core job protections for administrative judiciary and federal attorneys, including due process property interests established under Loudermill.

Jim Koford

Wurz Financial Service

clock 4:30 pm - 4:40 pm EST

Forum Selection and Thunder Basin Doctrine

Jim Koford

Wurz Financial Service

This session examines the Thunder Basin doctrine as the gatekeeper for channeling claims through agency review schemes before judicial review. Participants will analyze the significant circuit split between the D.C. Circuit and Fourth Circuit approaches, with implications for unions and individuals seeking to bypass administrative processes.

Jim Koford

Wurz Financial Service

clock 4:40 pm - 4:50 pm EST

Civil Service Reforms Affecting Federal Legal Professionals

Jim Koford

Wurz Financial Service

This session covers dramatic changes at the FLRA, including closure of CADRE, dissolution of the Division of Judges, and regional office closures reducing access to dispute resolution. Attendees will learn about the current state of MSPB, case filing trends, and recourse options remaining for federal attorneys and bargaining unit members.

Jim Koford

Wurz Financial Service

clock 4:50 pm - 5:00 pm EST

Q&A Session and Available Professional Resources

Jim Koford

Wurz Financial Service

This interactive session addresses practical questions including effective approaches to MSPB penalty analysis, distinguishing legitimate agency action from prohibited personnel practices, and key differences between ALJs, AJs, and IJs. Resources such as the Rise Up Federal Workers Legal Defense Network and guidance on the current settlement environment will be shared.

Jim Koford

Wurz Financial Service

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Key topics that will be covered

What will you learn

Attorneys will learn about MSPB processes, executive orders affecting discipline and removal, constitutional challenges to ALJ protections, and forum selection considerations.

What will you gain

Attorneys will gain practical knowledge for navigating adverse actions, understanding available resources, and preserving their position while serving the public.

MSPB Process
ALJs face formal discipline requiring MSPB approval before suspension or removal.
Executive Orders
Orders end clean record settlements and create Schedule Policy classifications.
Constitutional Challenges
Circuit courts are split on ALJ removal protections constitutionality.
Forum Selection
Thunder Basin doctrine determines whether claims proceed through agency review schemes.
Douglas Factors
Penalty analysis evaluates rehabilitation potential and prior disciplinary history.
Available Resources
MSPB, EEO, and OSC remain available channels for federal employees.

What will you learn

Attorneys will learn about MSPB processes, executive orders affecting discipline and removal, constitutional challenges to ALJ protections, and forum selection considerations.

What will you gain

Attorneys will gain practical knowledge for navigating adverse actions, understanding available resources, and preserving their position while serving the public.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
$395/year
One-time purchase
Custom
based on firm size
Access type Pay per class Unlimited annual access Unlimited access for all firm members
Number of Available Webinars 1 1,000+ 1,000+
Number of New Webinars Added Yearly Limited 500+ 500+
Earn "Live" CLE credit Included Included Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included Included Included
Attend "Live" Re-Broadcasts Included Included Included
Exclusive Partner Webinars & Events Included Included
Special credits (Ethics, Elimination
of Bias, etc.)
Included Included
Instant Certificates After Completion Included Included
Personalized CLE Platform Included Included
Live Conferences Included
Bootcamps Included
Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

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MCLE Credits

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Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs