The procedurally irregular and substantively deficient nature of their adjudication gave more than ample cause for reasonable observers to question the three judges» own impartiality and propriety, and undermined
the decisional independence that trial judges must enjoy to render fair and impartial decisions that are seen as legitimate across the full spectrum of the public's diverse litigants and communities.
The GAO found that the system «contains elements designed to foster
the decisional independence of its judges.»
Two of the key issues Congress asked the GAO to look into were whether the ALJs have «
decisional independence» and to what extent the ALJ program provides protections for mariners.
Most importantly, it would enhance judicial and
decisional independence in a way that would strengthen the public's perception of having been afforded a fair and impartial hearing in administrative proceedings.
Decisional independence is the cornerstone of a properly functioning judicial and quasi-judicial system.
An ALJ is under a compelling obligation to explain the reasoning underlying a decision because of the need to demonstrate
decisional independence to the litigants, the public and reviewing tribunals.