Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
What are some reasons a judge can be disqualified in a Florida family law case? Disqualification means the judge can no longer preside over the case and a new judge will be assigned. The person requesting disqualification must show there is a well-founded, reasonable fear that he or she will not receive a fair trial at the hands of that judge. This was an issue in the case Cini v. Cabezas, 3D22-0716 (Fla. 3d DCA August 10, 2022).
One party in an ongoing case moved to disqualify the judge on grounds that the opposing party’s lawyer co-hosted a fundraiser for the judge’s contested re-election race. This, coupled with adverse rulings from the judge, was alleged to cause a fear that the moving party would not receive a fair trial. The judge denied the motion for disqualification and the moving party filed a petition for writ of prohibition in the appellate court.
The appellate court noted “During election season, courts are confronted with the recurring issue of whether involvement by an attorney in a judicial re-election or retention campaign creates a conflict of interest warranting judicial disqualification. [. . .] It is not uncommon for attorneys to contribute financially to judicial campaigns, and a contribution within the statutory limitations, in and of itself, does not create an appearance of impropriety or a disqualifying conflict.”
The court concluded, “Turning to the instant case, petitioners cited adverse rulings and scheduling difficulties and alleged that the law firm ‘was the first listed firm [of sixteen] that hosted a [single] re-election fundraising event for the [j]udge.’ The event purportedly occurred several months before the adverse rulings were issued and the scheduling difficulties arose. There were no individualized allegations regarding respondents’ attorney of record. These allegations, without more, viewed against our precedent, compel the conclusion that the motion for disqualification was legally insufficient.”
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