40 | Maritime Professional | 1Q 2015

Mariner-respondents in Coast Guard suspension and revocation (S&R) proceedings may be represented by professional counsel, but many choose to represent themselves because 

they cannot afford to retain an attorney or are unable to locate 

one willing to represent them at no cost or at reduced cost. 

In response, attorneys from the Maritime Law Association of 

the United States (MLAUS), Coast Guard Administrative Law 

Judges and Investigating Offi cers participated in a joint, continuing legal education (CLE) session during the MLAUS Fall 

Meeting in Philadelphia to inform and encourage volunteers 

to represent mariners of limited means in S&R proceedings. 

Training in Mariner S&R Proceedings

Attorneys David H. Sump and H. Allen Black of the MLAUS 

Committee on Regulation of Vessel Operations, Safety, Security and Navigation organized the CLE session. They presented a mock S&R scenario from the viewpoint of the respondent-mariner’s attorney. Commander Christopher Coutu and 

Mr. Pat Fink of the Coast Guard National Center of Expertise 

(S&R NCOE) for Suspension and Revocation presented the 

Investigating Offi cer’s viewpoint. Chief Administrative Law 

Judge Walter J. Brudzinski and Administrative Law Judge Michael J. Devine provided the view from the bench. 

The Coast Guard initiates 500 to 600 S&R cases each year 

with the overwhelming majority resolved by settlement. These 

cases are adversarial, administrative actions procedurally similar to non–jury civil actions in Federal Court. The purpose of 

S&R proceedings is to promote safety at sea. These administrative actions are remedial and not penal in nature. They 

are intended to help maintain standards for competence and 

conduct essential to the promotion of safety at sea. Participating in and supporting this CLE session was part of the Coast 

Guard’s continuing efforts to partner with stakeholders in the 

maritime community such as MLAUS in the interest of promoting safety at sea while protecting mariners’ due process 

rights. Promoting professional representation of mariners is 

an important component in protecting those rights. 

For many years, Coast Guard Administrative Law Judges 

have been identifying attorneys and legal clinics in their local 

areas of responsibility that were willing to represent mariners 

of limited means. These efforts continue to be very successful 

but are limited in geographic area, and attorney availability. 

To supplement local “pro bono” programs, a larger, nationwide system was needed. 

Nationwide Pro Bono System

With the help of MLAUS and its member-attorneys from 

across the United States interested in representing respondents 

of limited means, the Coast Guard’s Offi ce of the Chief Administrative Law Judge has developed that nationwide system. 

The Administrative Law Judges’ website, www.uscg.mil/alj, 

now contains a state by state list of attorneys willing to represent mariners of limited means. The website enables additional 

attorneys to enroll and also allows attorneys on the list to have 

their names removed. It contains references to laws, procedural 

regulations, and relevant articles to assist attorneys and mariner-respondents, as well as templates to assist mariner-respondents and their attorneys in the preparation and submission of 

the most commonly used motions in S&R proceedings. 

At or about the same time the Offi ce of the Chief Administrative Law Judge initiated this nationwide pro bono program, 

the Coast Guard established a policy providing for the appearance of Coast Guard attorneys in all contested S&R proceedings. Coast Guard policy has long prescribed that non-attorney Investigating Offi cers represent the Coast Guard in these 

proceedings. The Coast Guard’s S&R NCOE would assist the 

IO’s in the cases and depending on the type case, or the IO’s 

need, and attorney from the S&R NCOE would represent the 

Coast Guard at the hearing. When no NCOE attorney is available, a Coast Guard attorney from outside the S&R NCOE 

might present the case but only if made available by their local commands which occurred infrequently. Now, under the 

Coast Guard’s new policy, the S&R NCOE has the responsibility to ensure a Coast Guard attorney is made available on all 

cases and is present for all S&R proceedings. 

Knowledgeable, professional counsel on both sides of S&R 

proceedings provides the best opportunity to protect the due 

process rights of mariners. It also enhances the public’s understanding of maritime safety and security and increases confi -

dence in the fairness of the process. 

career coast guard

Chief Judge Brudzinski was initially appointed U.S. 

Administrative Law Judge in 1996 with the Social Security 

Administration. He was previously an Assistant and later 

Deputy Commonwealth’s Attorney for Virginia Beach. Prior 

to his prosecutorial career, he served in the U.S. Coast 

Guard as a commissioned offi cer both afl oat and ashore 

and in various legal assignments as a judge advocate.

Stepping Up for the Mariner

U.S. Coast Guard and Maritime Law Association attorneys coordinate training to promote 

pro bono representation of mariners at Coast Guard suspension and revocation hearings. 

By Walter J. 

Brudzinski