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OAH leaders and advocates say agency needs dozens more judges and clerks to clear backlog
Summary
OAH testimony and an external staffing analysis cited during the hearing recommend roughly 59 administrative law judges and 105 clerk-office staff to handle current caseloads; OAH currently employs far fewer active caseworkers, and witnesses said the FY27 budget would force vacancy-driven staffing decisions.
Multiple witnesses told the committee that staffing shortfalls are the principal driver of OAH's backlog. Colleen M. Curry, OAH's chief administrative law judge, said a weighted caseload staffing tool produced by BMC McNamy Consulting suggests OAH needs about 59 ALJs and 105 clerks to process FY25-level filings; by comparison, the agency currently has roughly 39 ALJs and 44 clerk-office staff assigned to active cases.
"Based on BMC's weighted caseload study...OAH needs at least 59 ALJs and 105 clerk's office staff actively working on cases to manage its caseload at fiscal year '25 levels," Curry testified. Witnesses including Christina Jackson and commissioner Chuck Elkins argued that failing to fund those positions will prolong delays in adjudication, weaken enforcement incentives, and increase harm to tenants and benefit recipients. Legal Aid DC and Children's Law Center urged targeted restorations and additional one-time investments to allow OAH to hire and retain staff and to modernize recruitment and retention practices.
