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Judicial Recusal

Disqualification of a Florida family law judge

Disqualification of a Florida family law judge

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What does it mean to recuse or disqualify a judge in a Florida family law case? This means you are asking the court to remove a judge from deciding your case because you can show the judge is biased or otherwise unable to fairly decide a case. This showing cannot be based on your feeling that the judge is biased - there has to be evidence to support it. This was an issue in the case J.R. v. D.C.F., 3D22-1537 (Fla. 3d DCA October 6, 2022).

Limits to a judge's authority to question witnesses in a Florida family law case

Limits to a judge's authority to question witnesses in a Florida family law case

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Is a judge allowed to ask questions in a Florida family law proceeding? According to Section 90.615 of the Florida Statutes: “When required by the interests of justice, the court may interrogate witnesses, whether called by the court or by a party.” However this interrogation is limited as explained in the case Marwan v. Sahmoud, 3D19-1798 (Fla. 3d DCA June 17, 2020).