California OAH special education order · May 16, 2025
Order of Disqualification
OAH Case No. 2025030769 · ALJ Cynthia Fritz
ALJ Cynthia Fritz recused herself from the due process hearing because she regularly works with Pacifica's counsel in a State Bar group that counsel chairs, which could raise doubts about her impartiality.
Summary
OAH assigned ALJ Cynthia Fritz to the May 20, 2025 due process hearing. On her own initiative, she disqualified herself under Code of Civil Procedure section 170.1(a)(6)(A). She regularly works with Pacifica's counsel in a State Bar of California group, and counsel chairs that group. She found that a person aware of these facts might reasonably doubt her impartiality and that recusal would further the interests of justice.
Why it matters
ALJs must step aside when a professional relationship with a party's attorney could make others doubt their neutrality. Families can ask whether the assigned judge has ties to district counsel.
Key authority cited
- Code Civ. Proc. § 170.1, subd. (a)(6)(A)
People named in the order
- Cynthia Fritz, 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.
PACIFICA SCHOOL DISTRICT.
OAH CASE NUMBER 2025030769
ORDER OF DISQUALIFICATION
MAY 16, 2025
On May 14, 2025, the Office of Administrative Hearing assigned Administrative Law Judge Cynthia Fritz to the due process hearing for this matter, scheduled for May 20, 2025. 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 Cynthia Fritz believes her recusal would further the interests of justice and that a person aware of the facts might reasonably entertain a doubt that ALJ Fritz would be able to be impartial. Specifically, ALJ Fritz regularly works with Pacifica’s counsel in a group within the State Bar of California. However, because Pacifica’s counsel serves as the chair, this relationship might reasonably create doubt in the minds of others regarding impartiality. Accordingly, ALJ Fritz recuses herself from the due process hearing in this matter.
IT S SO ORDERED
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings