California OAH special education order · November 19, 2021
Order of Recusal
OAH Case No. 2021030587 · ALJ Robert G. Martin
ALJ Robert Martin recused himself after learning his spouse is a fiscal consultant to Inglewood, finding disqualification required by statute and needed to avoid any appearance of bias.
Summary
ALJ Robert Martin was assigned to the case shortly before a prehearing conference, after a peremptory challenge to another ALJ. After the conference, he realized his spouse works as a third-party fiscal consultant to Inglewood. The spouse's work did not involve this case or the district's special education programs, and the ALJ said the relationship did not affect how he handled the prehearing conference. Even so, he recused himself under Code of Civil Procedure sections 170.1 and 170.5 to avoid any appearance of bias. A new ALJ will be assigned, and all dates stay in place pending the parties' joint request to continue the hearing to November 24, 2021.
Why it matters
An ALJ must step aside when a spouse has an advisory or financial relationship with a party, even if that work has nothing to do with special education. Families can raise these conflicts if an ALJ does not disclose them.
Key authority cited
- Gov. Code, § 11425.40, subd. (a)
- Code Civ. Proc., § 170.1, subd. (a)(3)
- Code Civ. Proc., § 170.5
People named in the order
- Robert G. Martin, 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 MATTER OF:
PARENTS ON BEHALF OF STUDENT,
v.
INGLEWOOD UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021030587
ORDER OF RECUSAL
NOVEMBER 19, 2021
On November 15, 2021, the undersigned Administrative Law Judge was assigned to this matter shortly before the 3:00 PM prehearing conference scheduled that day, following a peremptory challenge to another ALJ that was filed with the Office of Administrative Hearings at 2:31 PM. After completing the PHC, the ALJ realized that his spouse is a third-party consultant to Inglewood Unified School District on fiscal matters.
APPLICABLE LAW AND DISCUSSION
An Administrative Law Judge may be disqualified for bias, prejudice, or interest in the proceeding. (Gov. Code, § 11425.40, subd. (a).) Code of Civil Procedure, section 170.1, subdivision (a)(3) provides that a judge "shall be disqualified" if the judge, the judge's spouse, or a minor child living in the household has a financial interest in the subject matter in a proceeding or in a party to the proceeding. A financial interest in a party is defined as ownership of more than a one percent legal or equitable interest in a party, or a legal or equitable interest in a party of a fair market value in excess of one thousand five hundred dollars ($1,500), or a relationship as director, advisor or other active participant in the affairs of a party, subject to certain exceptions not applicable here. (Code Civ. Proc., § 170.5.)
Here, the ALJ's spouse's advice to Inglewood on fiscal matters has not included any advice pertaining to this matter, or, more generally, how the district conducts its special education programs or addresses due process claims. The ALJ at the time of the PHC was not conscious of the relationship between Inglewood and the ALJ's spouse, and that relationship had no effect on the way the ALJ conducted the PHC or prepared the order following the PHC. However, under Code of Civil Procedure, sections 170.1 and 170.5, and to avoid any appearance of bias, the ALJ hereby recuses himself from future participation in this matter.
ORDER
ALJ Robert Martin is recused from future participation in this matter, and a new ALJ will be assigned. All dates previously set in this matter are confirmed, subject to determination of the parties' pending joint request to continue the start of the hearing of this matter to November 24, 2021.
IT IS SO ORDERED.
Robert G. Martin Administrative Law Judge Office of Administrative Hearings