Executive Order 13843: Excepting Administrative Law Judges From the Competitive Service
President: Donald J. Trump
Placed federal administrative law judge appointments in Schedule E of the excepted service after the Lucia appointments ruling.
Status: In effect. Is Executive Order 13843 still in effect? Yes. Executive Order 13843 continues to place new administrative law judge appointments in Schedule E of the excepted service. OPM’s September 18, 2026 proposal states that agencies have already implemented the order; its proposed regulatory changes are not yet a final rule. See OPM Employment in the Excepted Service, September 18, 2026 (opens in a new tab).
What does Executive Order 13843 do?
EO 13843 changed the federal hiring classification for administrative law judges appointed under 5 U.S.C. 3105. It created Schedule E in the excepted service and amended Civil Service Rule VI so agencies could appoint ALJs without the competitive-service examination process. The order followed the Supreme Court's Lucia decision on how Securities and Exchange Commission ALJs must be appointed; it did not remove the statutory role or adjudicative duties of ALJs.
Evidence review, September 23, 2026: OPM issued a 2024 presidential transition guide addressing the administrative law judge hiring category.
Before and after
Before the order
Administrative law judge positions had been filled through competitive-service procedures; Lucia raised appointments-clause questions for certain federal ALJs.
After the order
Schedule E supplied a different federal appointment category while statutory ALJ duties remained.
OPM's 2024 presidential transition guide discussed this hiring category; the guide alone does not establish a later rescission.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Office of Personnel Management | List administrative law judge positions in the new Schedule E under amended Civil Service Rule VI. | Upon implementation |
| Appointing agencies | Use the excepted-service category for ALJ appointments under the amended civil-service rules. | For covered appointments |
What happened next
EO 13843 signed. The Federal Register published it July 13, 2018.
Extended evidence reviewed against linked official sources.
Court status
No court opinion, filing or docket is linked in this guide’s current source set.
Legal and source detail
How it works legally
The Federal Register publication identifies EO 13843, its title and signing date. OPM issued a 2024 presidential transition guide addressing the administrative law judge hiring category. This evidence does not by itself establish every later legal or operational effect.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on September 24, 2026. How we research →