NCLA Amicus Brief Criticizes Removal Protections and Lack of Jury Trials in SEC ALJ Proceedings
Jarkesy was also denied his jury trial rights and equal protection of the law, among other problems.
- Jarkesy was also denied his jury trial rights and equal protection of the law, among other problems.
- The U.S. Securities and Exchange Commission (SEC) Final Order being appealed here was issued seven years after his administrative proceeding ended, which puts the lie to the notion that ALJ proceedings save time.
- He raised a constitutional claim against the SECs ALJs, who enjoy multiple layers of protection from removal by the President.
- If SEC desires a jury trial, it can obtain one or avoid it by initiating an administrative proceeding.