Markewich, Arthur

English

Pepperdine Digital Commons

Journal of the National Association of Administrative LawJudiciaryVolume 1 | Issue 2 Article 610-15-1981Due Process in a NutshellArthur MarkewichFollow this and additional works at: http://digitalcommons.pepperdine.edu/naaljPart of the Administrative Law Commons, and the Constitutional Law CommonsThis Essay is brought to you for free and open access by the School of Law at Pepperdine Digital Commons. It has been accepted for inclusion inJournal of the National Association of Administrative Law Judiciary by an authorized administrator of Pepperdine Digital Commons. For moreinformation, please contact Kevin.Miller3@pepperdine.edu.Recommended CitationArthur Markewich, Due Process in a Nutshell, 1 J. Nat’l Ass’n Admin. L. Judges. (1981)available at http://digitalcommons.pepperdine.edu/naalj/vol1/iss2/6DUE PROCESS IN A NUTSHELLby Honorable Arthur Markewich,Associate Justice, AppellateDivision, Supreme Court of theState of New YorkDue process should be the name of the game for admin-istrative law judges. It is necessary to be familiar withits elements as what I call the walking-around law of yourspecialty; they will usually be needed when there's no timeto look anything up. These are the basic things to bear inmind: a right to reasonable notice of specific charges orclaims, and usually a right to have the specifies sharpenedwhether by furnishing details or by clarification; an oppor-tunity to respond, and to conduct such discovery as may berequired to prevent surprise; a right to impartial andunbiased consideration of evidence, not unfairly trammeledin presentation, according to recognized standards of credi-bility and acceptability as to trustworthiness; a right tobe confronted by witnesses and to cross-examine them; aright to compel attendance of one's own witnesses and toelicit their evidence, spoken, documentary, or physical; aright to the assistance of competent counsel (but not yetentirely the right to have counsel supplied by the commun-ity); a right to present argument addressed to a factualdetermination, and to applicability and operation of law;a right to examine documents and exhibits; a fourth amend-ment guarantee against unreasonable searches and seizures;and, finally, a right to a reasoned, rational, and not undulydelayed determination, coupled with a right to careful andswift judicial review.Student Essay ContestLaw students from across the country have registeredto compete in the 1981 Student Essay Contest on the topic"The Future of Administrative Adjudication." The success-ful entry will be announced by the Board of Governors,presented at the annual meeting, and published in the nextissue of the Journal.ATTENTION MEMBERS! If you have not already done so, pleasecomplete and return the membership questionnaire on page 36to Judge Rosenberg.

Due Process in a Nutshell

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Due Process in a Nutshell

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