California OAH special education order · October 8, 2015
Order Granting Peremptory Challenge
OAH Case No. 2015080848, 2015060967 · ALJ Peter Paul Castillo
OAH granted a timely peremptory challenge removing ALJ Judith Pasewark and reassigned the consolidated San Diego Unified cases to ALJ Darrell Lepkowsky, with the existing schedule unchanged.
This case went to decision
Student v. San Diego Unified School District (consolidated): San Diego Unified is the responsible district for a student with autism who moved into its boundaries in June 2015. (2015)
Summary
The order states that Student filed a peremptory challenge on October 8, 2015, to disqualify ALJ Judith Pasewark, though its ruling paragraphs call it District's challenge. Presiding ALJ Peter Paul Castillo explained that each party gets one challenge without cause if it is made before the hearing starts, or before the prehearing conference if an ALJ is already assigned. He found the challenge timely, granted it, and reassigned the case to ALJ Darrell Lepkowsky. The matter will proceed on the existing schedule.
Why it matters
Each party may remove one assigned ALJ without giving a reason, but only if the challenge is filed before the prehearing conference or hearing begins. Using it does not delay the hearing dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Judith Pasewark, Administrative Law Judge (challenged)
- Darrell Lepkowsky, Administrative Law Judge (newly assigned)
- Peter Paul Castillo, Presiding Administrative Law Judge
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Consolidated Matters of:
SAN DIEGO UNIFIED SCHOOL DISTRICT OAH Case No. 2015080848
PARENT ON BEHALF OF STUDENT,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2015060967 v. ORDER GRANTING PEREMPTORY
CHALLENGE
SAN DIEGO UNIFIED SCHOOL
DISTRICT.
On October 8, 2015, Student filed a peremptory challenge seeking to disqualify Administrative Law Judge Judith Pasewark from hearing this case. Student’s peremptory challenge was made pursuant to Government Code section 11425.40, subdivision (d), of the Administrative Procedures Act, and California Code of Regulations, title 1, section 1034.
Government Code section 11425.40, subdivision (d), establishes the criteria for disqualification of the presiding officer. A party is entitled to one peremptory challenge (disqualification without cause) to an ALJ assigned to an Office of Administrative Hearings hearing. (Cal. Code Regs., tit. 1, § 1034, subds. (a) & (b); Gov. Code, § 11425.40, subd. (d).) In no event will a peremptory challenge be allowed if it is made after the hearing has commenced. In addition, if at the time of a scheduled prehearing conference, an ALJ has been assigned to the hearing, any challenge to the assigned ALJ shall be made no later than commencement of that prehearing conference. (Cal. Code Regs., tit. 1, § 1034, subd. (c).) A peremptory challenge is not allowed on reconsideration or remand, and cannot be made after a hearing has begun. (Cal. Code Regs., tit. 1, § 1034, subd. (a).)
District’s peremptory challenge is timely made and is granted pursuant to Government section 11425.40, subdivisions (a) and (d), and California Code of Regulations, title 1, section 1034, subdivision (c).
ORDER
1. District’s challenge of ALJ Pasewark is granted. This case is assigned for all
purposes to ALJ Darrell Lepkowsky.
2. The matter will proceed as previously scheduled.
DATE: October 8, 2015
/ S/
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings