California OAH special education order · September 26, 2019
Order Granting Peremptory Challenge
OAH Case No. 2019020379, 2019020539 · ALJ Peter Paul Castillo
OAH granted Redondo Beach's timely peremptory challenge to ALJ Chris Butchko and reassigned the consolidated cases to ALJ Paul Kamoroff, keeping all existing dates on calendar.
This case went to decision
Student v. Redondo Beach Unified School District (consolidated): Redondo Beach Unified prevails on every issue; its 2018 assessment stands and it owes no independent neuropsychological evaluation. (2019)
Summary
Redondo Beach Unified School District filed a peremptory challenge to remove ALJ Chris Butchko from the consolidated Student and District cases. A peremptory challenge removes a judge without needing to show cause. OAH explained that each party gets one such challenge, and it must be made before the hearing starts, or before the prehearing conference if a judge is already assigned. Because the District's challenge was timely, OAH granted it, reassigned the matter to ALJ Paul Kamoroff, and left all scheduled dates in place.
Why it matters
Each side gets one chance to remove an assigned judge without giving a reason, but only if it acts before the prehearing conference or hearing begins. Using that challenge does not delay the hearing dates.
Key authority cited
- Gov. Code, § 11425.40, subd. (d)
- Gov. Code, § 11425.40, subd. (a)
- Cal. Code Regs., tit. 1, § 1034
People named in the order
- Chris Butchko, Administrative Law Judge (challenged)
- Paul Kamoroff, Administrative Law Judge (reassigned)
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:
PARENT ON BEHALF OF STUDENT,
v.
REDONDO BEACH UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2019020379
and
REDONDO BEACH UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
OAH CASE NUMBER 2019020539
ORDER GRANTING PEREMPTORY CHALLENGE
On September 26, 2019, Redondo Beach Unified School District, filed a notice of peremptory challenge to Administrative Law Judge Chris Butchko in the above captioned matter. Redondo Beach’s peremptory challenge is 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. (Cal. Code Regs., tit. 1, § 1034, subd. (a).)
Redondo Beach’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. Redondo Beach's challenge of ALJ Butchko is granted. Matter is
reassigned to ALJ Paul Kamoroff.
2. All dates previously set in this matter will remain on calendar.
IT IS SO ORDERED.
DATED: September 26, 2019 Peter Paul Castillo Presiding Administrative Law Judge Office of Administrative Hearings