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What It Takes on a Case to Obtain a Disqualification of a Trial Judge

In the case NSB v DCFS, 50 FLW D375 (6th DCA March 28, 2025), the judge was disqualified for Bias and Prejudgment of the evidence. A petition seeking the disqualification of a trial judge was granted where the judge stated multiple times on record that she did not believe the department had a case and openly disregarded controlling law to the department’s detriment and mother’s benefit. The appellate court ruled that either the unequivocal pre-judgment of the department’s case or the open disregard of controlling law alone was sufficient to give the department a reasonable belief that it could not get a fair trial of its petition to terminate the mother’s parental rights.

In this case, the judge’s denial of the motion was an unelaborated DENIED stamped on the motion’s first page. However, the only ground on which the judge could have properly denied the motion was legal insufficiency. Fla. R. Gen. Pray. & Jud. Admin. 2.330(h).

It has been said by the Courts of Florida that every litigant is entitled to nothing less than the cold neutrality of an impartial judge. Trial judges must studiously avoid the appearance of favoring one party in a lawsuit. A trial judge crosses the line when he or she becomes an active participant in the adversarial process. While a trial judge may form mental impressions and and opinions during the course of hearing the evidence in the case, the judge is not permitted to pre-judge the case with comments to a party like “You guys don’t have a case,” and “I can’t see a path to victory for you,” and “What is right to be done here is to return the child to the mother alone.” This, along with openly disregarding the controlling law by stating, “I’m not going to abide by it,” were the grounds for disqualification. The appellate court stated that either the unequivocal prejudgment of DCF’s case or the open disregard of controlling law was sufficient alone to give DCF a reasonable belief that it could not get a fair trial of its Termination of Parental Rights petition.

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. You may also visit my website at https://www.annmariegildenlaw.com

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