California OAH special education order · May 16, 2024
Order of Recusal
OAH Case No. 2024040136 · ALJ Paul H. Kamoroff
ALJ Paul Kamoroff recused himself from the due process hearing. He found that recusal would further the interests of justice and that 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 Los Angeles Unified School District. On his own initiative, ALJ Kamoroff recused himself under Code of Civil Procedure section 170.1, subdivision (a)(6)(A). He stated that his recusal would further the interests of justice and that a person aware of the facts might reasonably doubt his impartiality. The order does not describe the underlying facts.
Why it matters
An ALJ can step aside on their own when their impartiality could reasonably be questioned, without either party filing a motion. Families should expect a new ALJ to be assigned to the hearing.
Key authority cited
- Code Civ. Proc. § 170.1, subd. (a)(6)(A)
People named in the order
- Paul H. Kamoroff, Administrative Law Judge (recused)
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.
OAH CASE NUMBER 2024040136
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 ALJ Kamoroff’s impartiality. Accordingly, ALJ Kamoroff recuses himself from hearing this matter.
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings