California OAH special education order · May 16, 2024
Order of Recusal
OAH Case No. 2024020770 · ALJ Paul H. Kamoroff
ALJ Paul Kamoroff recused himself from the due process hearing, finding recusal would further the interests of justice and a person aware of the facts might reasonably doubt his impartiality.
Summary
After the prehearing conference, OAH assigned ALJ Paul Kamoroff to hear Student's due process case against Rescue Union School District. On his own initiative, ALJ Kamoroff recused himself under Code of Civil Procedure section 170.1, subdivision (a)(6)(A). He found that recusal would further the interests of justice and that a person aware of the facts might reasonably doubt his impartiality. The order does not say what those facts were.
Why it matters
OAH judges must step aside when their impartiality could reasonably be questioned, even if no party asks. Families can expect a different ALJ to be assigned, and they may raise disqualification concerns themselves under the same standard.
Key authority cited
- Code Civ. Proc. § 170.1, subd. (a)(6)(A)
People named in the order
- Paul H. Kamoroff, 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:
PARENT ON BEHALF OF STUDENT,
v.
RESCUE UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2024020770
ORDER OF RECUSAL
MAY 16, 2024
On May 16, 2024, following the prehearing conference for this matter, the Office of Administrative Hearings assigned Administrative Law Judge Paul Kamoroff to the due process hearing. The Office of Administrative Hearings is called OAH. An Administrative Law Judge is called an 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.
ALJ Kamoroff believes his recusal would further the interests of justice, and that a person aware of the facts might reasonably entertain a doubt of his impartiality.
Accordingly, ALJ Kamoroff recuses himself from hearing this matter.
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings