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What Does It Take to Recuse or Disqualify a Judge in Orlando, Florida?

There was just a case released in Florida Law Weekly, Cini v. Cabezas, 47 Fla. L. Weekly D1690, that discusses the topic of recusing or disqualifying a judge. That case was out of the Third District Court of Appeals, which is located in  Miami, Florida. In that case there was a Motion to Disqualify filed against a judge alleging the opposing counsel’s law firm co-hosted a judicial fundraising for the judge during a contested, ongoing, re-election campaign, coupled with proof of adverse rulings, was legally insufficient to warrant disqualification. 

Understanding Legal Sufficiency

The standard for viewing the legal sufficiency of a motion to disqualify is whether the facts alleged, which must be assumed to be true, would cause the movant to have a well-founded fear that he or she will not receive a fair trial at the hands of the judge. A motion to disqualify must contain an actual foundation for the alleged fear or prejudice, and such allegations must be reasonably sufficient to justify a well-founded fear or prejudice. This is an objective test from the perspective of a reasonably prudent person armed with the information known to the moving party. Subjective fears of the moving party are insufficient to require disqualification. 

Attorney Involvement in Judicial Campaigns

The case discussed that, during election season, the 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. Contributions within statutory limitations, in and of itself, does not create an appearance of impropriety or a disqualifying conflict. In Florida, there is statutory limitation on campaign contributions along with the requirement of disclosure of the names of campaign contributors and contribution amounts. 

The court looks at the timing, nature, and extent of participation in a judge’s campaign. Ordinarily, limited involvement in a judicial re-election campaign does not constitute grounds for disqualification. More extensive involvement, however, in a contested ongoing or recent re-election campaign may constitute legally sufficient grounds for disqualification. One court in Florida held that disqualification was required where opposing counsel was campaign treasurer for the judge, and a campaign had concluded only days earlier. 

The Cini v. Cabezas Case

In Cini v. Cabezas, the petitioners cited adverse rulings and scheduling difficulties and alleged that the law firm was the first listed firm of 16 that hosted a single re-election fundraising event for the judge. 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. 

If you have more questions regarding a Marital and Family Law matter or Elder 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.