California OAH special education order · January 26, 2024
Order of Disqualification
OAH Case No. 2023080370 · ALJ Laurie Gorsline
ALJ Laurie Gorsline recused herself from the case. She found that recusal would further the interests of justice and that there was substantial doubt about her ability to be impartial.
Summary
ALJ Gorsline was assigned to the prehearing conference after OAH granted Student's peremptory challenge of ALJ Paul Kamoroff. On her own motion, she disqualified herself under Code of Civil Procedure section 170.1. She stated that recusal would further the interests of justice, that there was substantial doubt about her capacity to be impartial, and that a person aware of the facts might reasonably doubt her impartiality. The order does not describe the underlying facts.
Why it matters
An ALJ can step aside on her own when her impartiality might reasonably be questioned. This applies even after a party has already used its one peremptory challenge, so a fair hearing officer is still protected without any motion from the parties.
Key authority cited
- Code Civ. Proc. § 170.1, subd. (a)(6)(A)
- Code Civ. Proc. § 170.1, subd. (a)(6)(B)
People named in the order
- Laurie Gorsline, Administrative Law Judge (recused)
- Paul Kamoroff, Administrative Law Judge (removed by Student's peremptory challenge)
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.
LOS ANGELES UNIFIED SCHOOL DISTRICT AND EL RIO
COMMUNITY CHARTER SCHOOL.
OAH CASE NUMBER 2023080370
ORDER OF DISQUALIFICATION
JANUARY 26, 2024
On January 26, 2024, Administrative Law Judge Laurie Gorsline was assigned to the prehearing conference after the Office of Administrative Hearings granted Student’s preemptory challenge of Administrative Law Judge Paul Kamoroff. The Office of Administrative Hearings is called OAH. Administrative Law Judge is called ALJ.
California Code of Civil Procedure section 170.1, subdivision (a)(6)(A) mandates that a judge shall be disqualified if for any reason:
(i) The judge believes his or her recusal would further the interests of justice.
(ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial.
(iii) A person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.
California Code of Civil Procedure section 170.1, subdivision (a)(6)(B) also provides that bias or prejudice toward a lawyer in the proceeding may be grounds for disqualification.
ALJ Gorsline believes her recusal would further the interests of justice, that there is substantial doubt ALJ Gorsline can be impartial in this matter, and that a person aware of the facts might reasonably entertain a doubt that ALJ Gorsline would be able to be impartial. Accordingly, ALJ Gorsline recuses herself from hearing this matter.
IT IS SO ORDERED.
Laurie Gorsline Administrative Law Judge Office of Administrative Hearings