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Certainly, life as a lawyer is a bit more complex today than it was a century ago. The ever-increasing pressures of the legal marketplace, the need to bill hours, to market to clients, and to attend to the bottom line, have made fulfilling the responsibilities of community service quite difficult. But public service marks the difference between a business and a profession. While a business can afford to focus solely on profits, a profession cannot. It must devote itself first to the community it is responsible to serve. I can imagine no greater duty than fulfilling this obligation. And I can imagine no greater pleasure.

(1) No action; (2) Oral or written counseling; (3) Administrative action; (4) Remedial training; (5) Request for reexamination; (6) Legal enforcement action; and (7) Criminal action.

(1) Legal enforcement action is not required by law, and administrative action would serve as an adequate deterrent to future violations; (2) For pilots, he or she is otherwise qualified for an airman’s certificate; (3) The violation was inadvertent and not purposeful; (4) There was not a substantial disregard for safety or security, and there were no aggravating circumstances; (5) The alleged violator has a constructive attitude toward complying with the regulations; and (6) There is not a trend of noncompliance indicated by past violations.

(1) Can future compliance reasonably be ensured through remedial training alone; (2) Does the airman display a constructive attitude; (3) Does the conduct display a reasonable basis to question the airman’s qualifications (e.g., false medical records, or other core requirement issues); (4) Does the airman have a record of enforcement actions; and (5) Was the conduct deliberate, grossly negligent, or a criminal offense?

(1) Letter of Investigation; (2) Notice of Proposed Certificate Action; (3) Notice of Proposed Civil Penalty; or (4) Order of Suspension, Revocation, or Civil Penalty.

(1) Admit the charges and surrender the certificate (foregoing later appeal); (2) Respond to the NPCA with an answer or explanation, including any evidence; (3) Request the FAA issue an order suspending the certificate, so that an appeal may be taken to the National Transportation Safety Board (NTSB); or (4) Request an informal conference with an FAA attorney.

(1) Pay the penalty or an agreed upon amount; (2) Answer the charges in writing; (3) Submit a written request for an informal conference; or (4) Request that an order be issued so that an appeal can be made to the NTSB.

(1) The Federal Rules of Civil Procedure and the Federal Rules of Evidence now apply “to the extent practical.” See id. § 2(a). Before the law, such rules were more general guidelines. (2) The FAA must now provide “timely, written notification to an individual who is the subject of an [FAA] investigation relating to the approval, denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code.” Id. § 2(b)(1). There is an exception, but for the most part, airmen will now be advised promptly if they are subject to an investigation. (3) The NTSB is no longer bound by FAA interpretations of its rules. This has been a huge issue in some cases. Although it is not clear at this early stage how the FAA will respond, the new law may at least allow an airman to have more of an argument that the FAA is not being fair in interpreting its own rules. (4) Airmen can obtain air traffic control and flight service station data, or other information from a “government contractor that provides operational services to the Federal Aviation Administration, including control towers and flight service stations.” Id. § 2(b)(4)(C)(i). In the past, such contractors would refuse to provide records of briefings because they were not bound by the Freedom of Information Act. (5) Procedures for Appeals have opened up a little to allow an airman, at his or her election, to go to the local federal district court for review, instead of having to go up through the NTSB and then to the circuit courts. (6) The FAA has to begin a “Notice to Airmen Improvement Program.” Id. § 3(a)(1). The goal is to improve the dissemination system and access to data, both current and archival. (7) The Comptroller General must begin a review of the FAA’s medical certification process. One of the significant goals is to “avoid unnecessary allegations that an individual has intentionally falsified answers on the form.” Id. § 4(b)(1)(D).