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What is Necessary to Disqualify a Trial Judge in the Orlando, Florida Area?

It is not enough that you think the trial judge is unfair to disqualify them in the Orlando, Florida area. The fact that the judge has ruled adversely to the party in the past does not constitute a legally sufficient ground for a motion to disqualify. 

RULE 2.160. DISQUALIFICATION OF TRIAL JUDGES. 

Grounds. A motion to disqualify shall show:

(1) that the party fears that he or she will not receive a fair trial or

hearing because of specifically described prejudice or bias of the judge; or

(2) that the judge before whom the case is pending, or some person related to said judge by consanguinity or affinity within the third degree, is a party thereto or is interested in the result thereof, or that said judge is related to an attorney or counselor of record in the cause by consanguinity or affinity within the third degree, or that said judge is a material witness for or against one of the parties to the cause.

(e) Time. A motion to disqualify shall be filed within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the motion and shall be promptly presented to the court for an immediate ruling. Any motion for disqualification made during a hearing or trial must be based on facts discovered during the hearing or trial and may be stated on the record, provided that it is also promptly reduced to writing in compliance with subdivision (c), and promptly filed. A motion made during hearing or trial may be ruled on immediately.

To disqualify a judge: For the Determination-Initial Motion to Disqualify 

The judge against whom an initial motion to disqualify is directed may determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged. If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion. If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action. Such an order does not constitute acknowledgement that the allegations are true. 

The judge may not pass on the truth of the facts alleged or adjudicate the question of disqualification. When a judge has looked beyond the mere legal sufficiency of a suggestion of prejudice and attempted to refute the charge of particularity, he/she has then exceeded the proper scope of his/her inquiry and on that basis alone established grounds for disqualification. That is done to prevent the creation of the intolerable adversary atmosphere between the trial judge and litigant. 

There is an exception to this mandate to not take issue with the motion for disqualification where a trial judge’s elaboration on denying the motion amounts to an explanation of the status  of the record. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.