Two retired U.S. Coast Guard judges are expected to tell a congressional oversight panel today that the agency's administrative court system is biased against civilian defendants.
Jeffie J. Massey, who retired as an administrative law judge in March and said in a sworn statement days later that she was pressured to rule for the agency, will testify before the Coast Guard subcommittee of the House Transportation Committee.
Also scheduled is a former judge, Rosemary Denson, whose job was eliminated 10 years ago by Coast Guard officials who complained that she was taking too long handling difficult cases.
A third retired judge, Peter A. Fitzpatrick, is also expected to testify. He could not be reached for comment.
The committee called the hearing to explore claims, detailed last month by The Sun, that the Coast Guard's administrative court system is stacked against the tugboat pilots, charter boat captains and other mariners who appear before it.
The courts, which handle charges of drug use, misconduct or negligence brought by the Coast Guard, can revoke the credentials a civilian mariner needs to work on the water.
Massey said her testimony will echo her sworn statement, in which she said Chief Judge Joseph N. Ingolia told her to always rule for the Coast Guard no matter the evidence. Massey also said she overheard another judge voice fear for his job if he ruled in a mariner's favor.
"I'll tell the truth to anyone who wants to listen," she said.
The Coast Guard has offered little substantive response to claims of bias, except to deny them generally in federal court. All the judges and officials in charge of the administrative law system have continued to handle cases and oversee the system as before.
Massey's statement spawned three lawsuits from mariners who contend that the Coast Guard's judicial system was rigged against them and violated their rights. Because of those lawsuits, the Coast Guard officials who oversee the court system, including Ingolia, will not testify, a spokeswoman for the agency said. Rear Adm. Brian Salerno, the Coast Guard's director of inspection and compliance, is scheduled to address the subcommittee, along with Capt. Thomas Sparks, a legal officer and marine safety commander.
U.S. Rep. Elijah E. Cummings, a Baltimore Democrat and chairman of the subcommittee, called for today's hearing after The Sun's report, saying he was particularly troubled by allegations that Coast Guard investigators and judicial officials have held private meetings to discuss open cases.
"The subcommittee is aware of allegations of impropriety in the management of the administrative law system, including accusations of improper contact between members of the administrative law system and other Coast Guard personnel," a statement from the committee said.
The panel also plans to explore "accusations that the Chief ALJ pressured judges to rule in favor of the Coast Guard and accusations that judges may have been subjected to hostile work conditions."
robert.little@baltsun.com