MLM Counties News. Notices. Need-to-know Information.
The state has laid off four administrative law judges, and declined to fill a fifth vacancy, in what workers’ compensation lawyers say may be an unprecedented move.
Peter Lyskowski, acting director of the Division of Workers’ Compensation, confirmed Wednesday that Henry Herschel and June Doughty from the Jefferson City office; John Tackes from the St. Louis office; and Matthew Murphy from the Cape Girardeau office have been terminated effective July 1. A fifth ALJ, Ron Harris, is retiring from the Jefferson City office on June 30 and will not be replaced.
Lyskowski said the Department of Labor and Industrial Relations’ 2010 budget calls for the reduction of five ALJs, and that the terminations are “solely a budget deal.”
The layoffs affected the four most recently appointed ALJs. According to Division of Workers’ Compensation records, Herschel was appointed in December 2007, Doughty was appointed a year ago this month, and Murphy and Tackes were appointed in December.
Lyskowski said the cuts would leave the state with a total of 35 ALJs.
“That will not be a challenge that will cause a hardship on claimants or employers,” he said.
Three of the cuts are from the Jefferson City office. The division has in the past frequently shuffled ALJs around to cover temporary vacancies. Lyskowski said no decisions have been made to move anyone.
Doughty said she learned just this week that she would be laid off after just one year as an ALJ. Nonetheless, she said she understood the state’s rationale.
“My impression is that Missouri and our country are going through some unprecedented things right now,” she said in an interview Wednesday.
Doughty said she didn’t know what she would do next.
“Right now my focus is taking care of the work I have pending here and making sure my departure doesn’t impact the citizens of the state,” she said. “I want to make sure the work gets done.”
All of the affected ALJs were appointed by former Republican Gov. Matt Blunt, two of them in the last month of his term in office. Herschel previously served as Blunt’s general counsel. On the other hand, Doughty was previously an administrative hearing commissioner appointed by Democratic Gov. Bob Holden.
Lyskowki said there were no partisan considerations in choosing which ALJs to terminate.
“I’m just looking at the budget here and trying to make sure we’re serving Missourians in a professional and effective and efficient way,” he said.
News of the terminations shocked lawyers in the work comp field. John Larsen, a lawyer with Larsen, Feist & Hess in St. Louis, said the move might be a first.
“I’ve been practicing 30 years, and I’ve never known or heard of an ALJ being removed from office for anything other than cause.”
Jack H. Knowlan Jr. is an attorney with Little, Schellhammer, Richardson & Knowlan in Cape Girardeau and the head of The Missouri Bar’s workers’ compensation committee. He declined to comment but said he was unaware of any previous removals of ALJs without cause. Knowlan was with the Division of Workers’ Compensation for 22 years and had served for 18 years at the chief ALJ in Cape Girardeau. Murphy was appointed to fill his vacancy.
The last shakeup among ALJs was in 2005, when a law change did away with the position of legal assistants – who had essentially functioned as associate ALJs – but expanded the number of ALJs. It also subjected the judges for the first time to periodic retention votes by a state committee. The positions were previously for life.
