CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Motions

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1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.02000 – Motions

The Board affirmed the ALJ’s partial denial of a motion to quash a subpoena duces tecum seeking, among other items, advice, counsel and opinion documents provided by, sought from, or received by the respondent’s attorneys regarding conflict of interest issues, teachers serving on charter school boards, and union avoidance strategies. The Board found the requested documents relevant because the respondent had asserted its reliance on advice of counsel as a defense. The Board remanded the matter to the ALJ to address the scope of any waiver of attorney-client or attorney work-product privileges with respect to the requested documents.