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OAH 3-6029-20853-3 |
STATE OF
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR THE CITY OF
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In the Matter of
Hoey Outdoor Advertising, Inc. |
ORDER
ON AFFADAVIT OF
PREJUDICE |
The
above-entitled matter was submitted for review before Chief Administrative Law
Judge Raymond R. Krause (“ALJ”) on October 5, 2009.
Marc J. Manderscheid, Briggs and
Morgan, who represents one of the parties in this case, submitted an affidavit
of prejudice in the above-entitled matter. The affidavit alleged that ALJ
Attorney Manderscheid notes that Judge
Cervantes served as the City Attorney for the City of
Chapter 14 provides for the
procedures in hearings before the Office of Administrative Hearings. Minn. R. 1400.6400 deals specifically with the
procedure for disqualification of an administrative law judge. This rule requires “. . . an
affirmative showing of prejudice or bias. A judge may not be removed merely
because of prior rulings on prior cases.”
Here, there is an allegation that
because of a disagreement between two counsel representing the same client on
the handling of the case, the “in-house” counsel who is now an ALJ should be
removed for cause. This allegation alone
is insufficient to meet the standard in Minn. R. 1400.6400. Attorneys who share duties in representing a
client regularly disagree on how to proceed. The fact that these two counsel disagreed on
some unidentified case at some time at least three years ago is not a showing
of prejudice or bias. Although Minn. R.
Judicial Conduct 2.11 differs in its language from Minn. R. 1400.6400 it
requires a similar showing of bias or prejudice. The allegation in this case meets neither of
the applicable standards. The motion for
disqualification is therefore denied.
At the request of the ALJ
Cervantes, this case is being reassigned to another ALJ.
Dated: October 7, 2009
s/Raymond
R. Krause
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RAYMOND R. KRAUSE Chief Administrative Law Judge |
cc: Judge
Assistant Chief Judge
Michael C. Couri
Docket Coordinator