California OAH special education order · March 8, 2024
Order Following Prehearing Conference and Recusal of Administrative Law Judge
OAH Case No. 2023120077 · ALJ Tiffany Gilmartin
ALJ Tiffany Gilmartin recused herself after learning at the prehearing conference that she and Student's father served in the same military unit as recently as 2023.
Summary
At the start of the prehearing conference, the ALJ asked about Student's father. The complaint identified him only by his status as a servicemember. The ALJ learned that she and the father had served in the same military unit as recently as 2023, so she recused herself on her own motion under Code of Civil Procedure section 170.1, finding the interests of justice required it. The prehearing conference was continued until 3 p.m. that day so another ALJ could be assigned.
Why it matters
ALJs will step aside on their own when a personal connection to a family comes to light, even a professional one like shared military service. Parents and attorneys should raise any possible conflicts early so a case can be reassigned without major delay.
Key authority cited
- Code Civ. Proc., § 170.1
People named in the order
- Tiffany Gilmartin, Administrative Law Judge
- Kelly Chacon, Attorney for Student
- Haley Fagan, Attorney for Sacramento City Unified School District
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.
SACRAMENTO CITY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023120077
ORDER FOLLOWING PREHEARING CONFERENCE AND
RECUSAL OF ADMINISTRATIVE LAW JUDGE
MARCH 8, 2024
On March 8, 2024, Administrative Law Judge Tiffany Gilmartin, Office of Administrative Hearings, held a prehearing conference by videoconference. The Administrative Law Judge is called an ALJ. The Office of Administrative Hearings is called OAH. The prehearing conference is called a PHC.
Attorney Kelly Chacon appeared on behalf of Student. Attorney Haley Fagan appeared on behalf of Sacramento City Unified School District. The PHC was recorded.
At the outset of the prehearing conference, the undersigned inquired about Student’s father, who was not identified in the pleading by name, but by his status as a servicemember. It was determined Student’s father and the undersigned served in the same military unit as recently as 2023. Due to this discovery, the undersigned recused herself and the matter was continued the matter until 3 P.M. to allow another administrative law judge to be assigned.
The interests of justice support the recusal of the undesigned in this matter. (Code of Civil Procedure section170.1.)
IT IS SO ORDERED.
Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings