California OAH special education order · March 20, 2017

Order Denying Challenge for Cause

OAH Case No. 2017010971 · ALJ Rita Defilippis

OAH denied Kern's challenge for cause against ALJ Rita Defilippis because her prior work representing students against the same law firm in an unrelated case did not show actual bias.

Denied Disqualifying a judge for cause

Summary

Kern High School District, which had already used its peremptory challenge, asked to disqualify ALJ Rita Defilippis for cause. Its argument was that before becoming a judge she had represented students in matters where Kern's counsel or her law firm represented school districts. Kern pointed to a September 2016 case involving a different student, a different district, and a different attorney, in which the ALJ had represented the student only before due process. The ALJ denied the challenge because Kern showed no actual or probable bias and she has no financial interest in the case, so all dates stay on calendar.

Why it matters

A judge's past work as an advocate for students, or past dealings with the opposing law firm, is not enough to disqualify the judge for cause. The challenging party must show actual bias, a direct financial interest, or personal involvement in the case.

Key authority cited

  • Gov. Code, § 11425.40
  • American Isuzu Motors, Inc. v. New Motor Vehicle Board (1986) 186 Cal.App.3d 464
  • Haas v. County of San Bernardino (2002) 27 Cal.4th 1017
  • Clark v. City of Hermosa Beach (1996) 48 Cal.App.4th 1152

People named in the order

  • Rita Defilippis, Administrative Law Judge

Topics

disqualification for cause alj bias challenge for cause peremptory challenge prior advocacy

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 Matter of:

PARENT ON BEHALF OF STUDENT OAH Case No. 2017010971

V. ORDER DENYING CHALLENGE FOR

CAUSE

KERN HIGH SCHOOL DISTRICT

On March 17, 2017, Kern High School District filed a challenge for cause, seeking to disqualify the undersigned, Administrative Law Judge Rita Defilippis, from hearing this case.

An ALJ may be disqualified for bias, prejudice, or interest in the proceeding. (Gov.

Code, § 11425.40, subd. (a).) The following, without further evidence of bias, prejudice, or interest, are not by themselves grounds for disqualification: 1) the ALJ is or is not a member of a racial, ethnic, religious, sexual, or similar group and the proceeding involves the rights of that group; 2) the ALJ has experience, technical competence, or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding; or 3) the ALJ has as a lawyer or public official participated in the drafting of laws or regulations or in the effort to pass or defeat laws or regulations, the meaning, effect, or application of which is in issue in the proceeding. (Gov. Code, § 11425.40, subd. (b).)

In other words, to disqualify an ALJ for cause, a factual showing of actual bias or prejudice is required. (See American Isuzu Motors, Inc. v. New Motor Vehicle Board (1986)

186 Cal.App.3d 464, 472.) For example, in order to be a basis for disqualification, the financial interest of the ALJ in the outcome of the case must be direct, personal, and substantial, rather than slight. (Haas v. County of San Bernardino (2002) 27 Cal.4th 1017, 1031.) Similarly, personal involvement in the case by the ALJ or familial connections may warrant disqualification based solely on the probability of bias. (See Clark v. City of Hermosa Beach (1996) 48 Cal.App.4th 1152, 1170-1173.) However, in most other cases, including claims of bias arising from the hearing officer’s personal or political views, disqualification will not occur absent a showing of actual bias. (Haas, supra, at p. 1032.)

Kern asserts that the undersigned ALJ should disqualify herself from hearing the instant case because, before becoming an ALJ, the undersigned represented students in matters where the counsel for Kern or her firm represented school districts. Kern specifically refers to a case filed with OAH in September, 2016 which involved a different student, a different district, and a different attorney than the case at hand. Further, the undersigned ALJ was not the attorney for student in that due process action, but represented the student prior to due process. The only commonality between that case and the instant one is that Kern’s counsel works for the same law firm as the attorney for the different district in the other matter. Kern has already used a peremptory challenge in this matter, which was granted on March 10, 2017.

Kern has not demonstrated any probable or actual bias or prejudice on the part of the undersigned ALJ towards Kern or its counsel. The undersigned ALJ holds no bias or prejudice towards either Kern or its counsel and has no financial interest in the outcome of this case. Accordingly, Kern’s challenge for cause is denied.

ORDER

1. Kern's challenge of ALJ Rita Defilippis is denied.

2. All dates previously set in this matter will remain on calendar.

IT IS SO ORDERED.

DATE: March 20, 2017

RITA DEFILIPPIS

Administrative Law Judge Office of Administrative Hearings