California OAH special education order · July 22, 2024
Order of Disqualification
OAH Case No. 2024060339 · ALJ Kara Hatfield
ALJ Kara Hatfield recused herself from the case on her own motion. She found that recusal would further the interests of justice and that a reasonable person might doubt her impartiality.
Summary
ALJ Kara Hatfield was assigned on July 19, 2024 to the July 22, 2024 prehearing conference in Student's case against Lancaster School District. Acting on her own, she disqualified herself under Code of Civil Procedure section 170.1, subdivision (a)(6)(A). She found that her 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 say what facts led to the recusal.
Why it matters
OAH judges must step aside on their own when their impartiality could reasonably be questioned. Parties should expect the case to be reassigned to another ALJ without having to file a peremptory challenge or a motion to disqualify.
Key authority cited
- Code Civ. Proc. § 170.1, subd. (a)(6)(A)
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.
LANCASTER SCHOOL DISTRICT.
OAH CASE NUMBER 2024060339
ORDER OF DISQUALIFICATION
JULY 22, 2024
On July 19, 2024, Administrative Law Judge Kara Hatfield was assigned to the prehearing conference for this matter scheduled for July 22, 2024. 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.
ALJ Hatfield believes her recusal would further the interests of justice, that there is substantial doubt ALJ Hatfield can be impartial in this matter, and that a person aware of the facts might reasonably entertain a doubt that ALJ Hatfield would be able to be impartial. Accordingly, ALJ Hatfield recuses herself from hearing this matter.
IT IS SO ORDERED.
Kara Hatfield Administrative Law Judge Office of Administrative Hearings