Department of Highway Safety & Motor Vehicles v. Clay

I agree that our precedent provides an opportunity to cure a due process violation in this context. I write separately to express concern about an apparent fundamental unfairness in these administrative proceedings. The transcripts reflect that at least some hearing officers exhibit a palpable predisposition. This is improper. Whether a proceeding is administrative or judicial, the parties are entitled to an impartial arbiter, and the record in this case — and in many that we see on appeal — does not reflect that. A neutral arbiter is the linchpin of due process and the foundation upon which…