40 | Maritime Professional | 3Q 2014

J

ust recently, we had an opportunity to discuss the Coast 

Guard’s Administrative Law Judge Program with its 

Chief Judge, Walter J. Brudzinski. Judge Brudzinski has 

been a Coast Guard Administrative Law Judge since 2003 and 

was appointed Chief Judge in June 2013. We caught up with 

him this summer in Washington and asked him to describe 

what an Administrative Law Judge (ALJ) is, what the Coast 

Guard’s ALJ Program does, how he got to be where he is, and 

his vision for leading this Program.

Administrative Law Judges:

There are thirty federal agencies with Administrative Law 

Judges, including the Coast Guard. The number of ALJs per 

agency varies from approximately 1,400 at Social Security to 

just one at the U.S. Postal Service. The Coast Guard is authorized for seven. Administrative Law Judges are appointed pursuant to 5 U.S.C. § 3105 and accompanying regulations and 

these laws provide for strict controls on employing agencies to 

ensure decisional independence.

Appointments are made with U.S. Offi ce of Personnel Management oversight using a competitive process. Judges are provided special civil service protections and the expectation of lifetime careers. Agencies may not control ALJ’s salaries, conduct 

performance reviews, or provide monetary/honorary awards.

In the exercise of their judicial functions, ALJs retain decisional independence within the limits of law, regulations, and 

agency appeal decisions. They exercise independent judgment 

and can review the evidence before them free from pressures 

of the parties or offi cials within the agency. 

The Coast Guard’s ALJ Program: 

Coast Guard Administrative Law Judges primarily adjudicate Merchant Mariner Credential Suspension and Revocation 

(S&R) cases. Coast Guard Investigating Offi cers initiate S&R 

cases against mariners for negligence, misconduct, incompetence, violation of law or regulation, and use of dangerous 

drugs. 

Respondent-mariners may appear with an attorney, a nonattorney representative, or self-represent. They may call witnesses, introduce documentary evidence, cross-examine Coast 

Guard witnesses, and submit rebuttal evidence. The Judge’s 

decision is fi nal unless appealed to the Commandant. Further 

appeals can be made to the National Transportation Safety 

Bureau (NTSB) and to an appropriate U.S. Court of Appeals.

The purpose of S&R proceedings is to promote safety at sea. 

Often confused with the criminal justice court system, S&R 

actions against merchant mariners’ credentials 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. 

The Coast Guard ALJ Program disposes of approximately 

600 cases each year. The overwhelming majority of S&R cases involve use of dangerous drugs and most cases are disposed 

of by settlement agreement. The remaining cases are disposed 

of at hearing which are conducted in a similar fashion to trials 

in federal court without a jury. 

Coast Guard Administrative Law Judges are also authorized to adjudicate Class II civil penalties assessed under the 

Federal Water Pollution Control Act and the Comprehensive 

Environmental Response, Compensation and Liability Act. 

Coast Guard Judges also adjudicate cases initiated by agencies within the Department of Homeland Security and other 

agencies the Coast Guard supports. These cases are adjudicated on a reimbursable basis, pursuant to law, and as caseloads 

permit. For example, in 2003-2004, Chief Judge Brudzinski 

was temporarily assigned additional duties to hear cases for 

the 9/11 Victim Compensation Fund. Coast Guard Administrative Law Judge are located in Seattle, WA, Alameda, CA, 

Galveston, TX, New Orleans, LA, Baltimore, MD, and New 

York, NY. The Chief Administrative Law Judge is located in 

Washington, DC. 

U.S. COAST GUARD

Walter J. Brudzinski

Chief Administrative Law Judge, United States Coast Guard By Joseph Keefe

Profi le

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How he got there:

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.

During his last judge advocate assignment, he also served as 

Special Assistant U.S. Attorney. He is a graduate of the University of Maryland and the George Mason University School 

of Law (with distinction) where he was a member of Law Review. Chief Judge Brudzinski also holds a Master’s and Ph.D. 

in Judicial Studies from the University of Nevada and has 

earned Certifi cates in Judicial Development in Administrative 

Law, Dispute Resolution, and General Jurisdiction Trial Skills 

from the National Judicial College. He attributes his success 

as a Coast Guard Judge to his litigation background, Coast 

Guard experience, the professional training programs at the 

National Judicial College, and the academically rigorous Judicial Studies Program at the University of Nevada. 

As Coast Guard’s Chief Administrative Law Judge, he is 

widely published and has authored many articles in a wide 

variety of venues, trade journals and other publications. Chief 

Judge Brudzinski was admitted to practice in Virginia, Maryland, and Pennsylvania; the U.S. District Court for the Eastern 

District of Virginia; the U.S. Court of Appeals for the Fourth 

Circuit; the Court of Appeals for the Armed Forces; and, the 

Supreme Court of the United States. His professional affi liations include the American Bar Association – Judicial Division; the Federal Administrative Law Judges Conference; the 

National Association of Administrative Law Judiciary; the 

Maritime Law Association of the United States; and, the Connecticut Maritime Association.

Vision for Leading the Program:

Chief Judge Brudzinski’s vision for the Coast Guard ALJ 

Program is simple: “We are dedicated to performing our judicial duties fairly, impartially, and in a manner that secures the 

trust and confi dence of the regulated community, the agency, 

and the general public. We secure that trust and confi dence by 

treating the parties with respect and by issuing clear decisions 

and orders the public understands and accepts as correct, fair, 

and well-reasoned.” 

Brudzinski’s vision refl ects the ALJ’s Organizational Goals 

which promise fast, impartial, and well reasoned judicial 

services; to clarify agency policy concerning cases brought 

before them; to promote confi dence in the administrative adjudicative process; and, to create an atmosphere in which the 

parties recognize they have been dealt with fairly. 

To maintain the highest standards of quality in their written 

decisions, Coast Guard Judges receive training at the National 

Judicial College. They also subject their written work products to rigorous editing and review to ensure legal suffi ciency 

and clarity. 

Of note are two ongoing initiatives being addressed by 

Coast Guard judges. The fi rst initiative is to further ensure 

due process for unrepresented mariner-respondents. Brudzinski says, “We do this by facilitating opportunities for them to 

obtain representation from attorneys that have previously indicated to us they are willing to represent mariners at no cost.” 

The second initiative is to have Coast Guard attorneys appear 

at hearings on a regular basis, in addition to the Investigating 

Offi cer. Brudzinski explains, “Coast Guard S&R proceedings 

are adversarial and our experience has shown that the process 

works best when both sides are represented by counsel. These 

two initiatives will improve the overall quality of the S&R 

process and we expect them to be fi nalized in the near future.” 

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