It is a well-established maxim " aliquis non debet esse
iudex in "—no one should be a judge in their own cause.
The Commonwealth of Virginia, however, has violated this
maxim, allowing quasi-judicial officers to act as accuser
and adjudicator, resulting in structural violation of the
Due Process Clause. While this particular office is present
only in Virginia and West Virginia, this is not an isolated
issue. Commissioners of Accounts in Virginia oversee all
conservators, guardians, executors, and other fiduciaries.
In Fairfax County, Virginia alone, this generally accounts
for 1,800 new matters each year. Indeed, amicus curiae
below, the Virginia Conference of Commissioners of
Accounts, supported the outcome of these cases, showing
that similar due process violations by commissioners are
likely to recur.

The Question presented in this case is: Whether
a Commissioner of Accounts—a quasi-judicial officer
appointed by the state court to supervise fiduciaries—
violates the Due Process Clause, by acting as both
an accuser and adjudicator, when she (1) convenes an
evidentiary hearing, despite the complaining parties' lack
of standing, and declares herself to be an interested, "not
neutral" party, (2) assumes the role of investigator, based
on the improperly received evidence, and files a petition
to disqualify the fiduciary and forfeit its bond, and (3)
simultaneously seeks and is granted authority by the
state court to preside over a hearing to make findings on
that very issue—whether to disqualify the fiduciary and
forfeit the bond.

Whether a Commissioner of Accounts violates the Due Process Clause by acting as both an accuser and adjudicator in fiduciary oversight proceedings