The Administrative Procedure Act requires that administrative law judges "shall be
assigned to cases in rotation so far as practicable." 5 U.S.C. § 3105. This provision
does not require mere mechanical rotation. Rather, a "modicum of discretion" is
accorded in assignment decisions. Factors such as the complexity of the case as well as the
experience and ability of the judge, may be considered when case assignments are made. Also relevant is the
particular judge's caseload and assignment schedule.
