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Judge To Head School Furlough Solution

California Judge To Rule On School Closures

POSTED: 4:43 pm HST October 30, 2009

U.S. District Court Judge David Ezra has recused himself from deciding the furlough Friday lawsuits because he has been appointed to find a resolution to the issue.

Becoming the special master allows Ezra to talk directly to the parties involved.

"Having a highly experienced judge who knows the issues and has dealt with these difficult questions in detail for two decades will be of great benefit to the parties and the possibility of settlement," attorney Carl Varady said.

Varady is suing the state to halt the school closures on behalf of the families of special needs students. The lawsuit asks for an injunction.

All potential U.S. District Court judges have now recused themselves from the trial. So, the lawsuits will now be heard by Judge Wallace Tashima, of the Ninth Circuit Court of Appeals.

Based in California, Tashima will be in Hawaii for one week and can only hear the case on Nov. 9. That moves the date of the hearing back from Nov. 3.

Unless a resolution is reached, Nov. 6's furlough will go on as planned.

Tashima is expected to rule that day on whether or not to grant a preliminary injunction to stop the furloughs.

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