By Hon. Ann Breen-Greco

On June 23, 1998, Cook County Circuit Court Judge Edward Burr addressed a Chicago Bar Association Administrative Law Judges Committee meeting, which was cosponsored by the IAALJ and the Government Bar Association.

Judge Burr's topic was "The Pro Se Litigant." Attending were administrative law judges (ALJs) from the Illinois Departments of Employment Security, Children and Family Services, Human Rights, Revenue, and Special Education and the City of Chicago's Office of Administrative Hearings.

Judge Burr emphasized two aspects of the due process hearing: helping pro se litigants through the process and obtaining sufficient facts to make a reasoned decision. Judge Burr asked the ALJs to put themselves in the position of persons who appear before them. He advised them to not intimidate the litigants. Instead, he said, put them at ease, be open and listen to what the parties have to say. Doing so is critical to the fact-finding function, Judge Burr said. "You are fact finders," he told the group and "all the facts are needed to make a decision." ALJs need to do all they can to avail themselves of the salient facts, he urged.

Judge Burr stated that the due process hearing "is not an exercise in trickery, the best prepared should not prevail." Rather, an ALJ should let the parties know that for the ALJ to decide the case the ALJ needs answers to specific questions. If the parties do not ask the questions, then the ALJ must do so, Judge Burr said.

Although ALJs "walk a fine line," Judge Burr urged that where facts are patently missing the ALJ must obtain them. Evidentiary rules allow leeway in administrative hearings, Judge Burr advised. "Don't cross examine or demean," he cautioned, and "do what is right under the law so you won't have to worry about flack."

Judge Burr spoke as part of the CBA Administrative Law Judge Committee program which has been assisted by the IAALJ. Speakers earlier in the year included Prof. Victor Rosenblum of Northwestern University School of Law who spoke on the history of administrative adjudication and the Hon. Richard Burton, Administrative Law Judge of the United States Social Security Administration who advised attendees how to become a federal administrative law judge.