Trial judge's disqualification is warranted where judge observed party's conduct in court prior to filing of case.  [Added 7/8/10]

    Juvenile filed a motion to disqualify the trial judge in a dependency action.  The judge denied the motion.  Juvenile sought a writ of prohibition.

    The Third DCA granted the writ.  "The factual basis for the dependency action includes, in part, certain conduct by [Juvenile], which was witnessed by the trial judge in open court prior to the filing of the dependency action.  As such, [Juvenile]’s Petition is well taken.  See Code of Judicial Conduct Canon 3E(1)(a) ('A judge shall disqualify himself . . . in a proceeding in which the judge’s impartiality might reasonably be questioned, including . . . instances where . . . the judge has . . . personal knowledge of disputed evidentiary facts concerning the proceeding.'); Jarp v. Jarp, 919 So.2d 614 (Fla. 3d DCA 2006)."  A.B. v. Dept. of Children and Family Services, __ So.3d ___ (Fla. 3d DCA, No. 3D10-1607, 6/22/2010).

Judge married to circuit's elected Public Defender may not preside over cases assigned to P.D.'s office, even if private contract attorneys actually handle the cases.  [Added 5/4/10]

    Judge is married to the circuit's elected Public Defender ("P.D.").  Juvenile and mental health cases assigned to the P.D.'s office are handled by private attorneys under case-by-case contracts.  The P.D. "does not exercise any supervisory authority over those attorneys."  Judge asked the Florida Supreme Court's Judicial Ethics Advisory Committee whether it would be ethically permissible for Judge to preside over juvenile and mental health division cases assigned to the P.D.'s office.

    The Committee answered in the negative.  By law, the Public Defender ultimately is responsible for the cases.  See Fla.Stat. sec. 27.51(1) (2009).  The proposed conduct would violate 4 provisions of the Florida Code of Judicial Conduct:  Canon 2A (judge shall avoid impropriety and appearance of impropriety); Canon 2B (judge shall not allow family relationships to influence judge's conduct or judgment); Canon 3B(5) (judge shall perform judicial duties without bias); and Canon 3E(1)(e)(ii) (judge shall disqualify himself in proceedings where impartiality might reasonably be questioned, including where judge's spouse acts as lawyer).

    The Committee discouraged potential use of remittal of disqualification (see Canon 3F), and then concluded:  "Given the similarity of Fla. JEAC Op. 01-05 to this case, we advise the inquiring judge not to preside over cases to which the public defender is assigned in the juvenile and mental health divisions."  Judicial Ethics Advisory Opinion 2010-09.

Judge in building partnership with county attorney disqualified from cases where county is represented by county attorney's staff, but not necessarily when outside counsel used.  [Added 4/21/10]

    Judge is in a building partnership with former law partners, including the County Attorney.  Judge is moving to the civil division where County will have cases.  Judge was of the view that disqualification is called for in cases in which County is represented by the County Attorney's Office pursuant to Canon 5 of the Florida Code of Judicial Conduct, regarding a judge's extrajudicial activities.  Judge asked the Florida Supreme Court's Judicial Ethics Advisory Committee whether disqualification is also warranted in cases in which County is represented by outside counsel.

    The Committee concluded that in cases where County is represented by the County Attorney's Office, Judge's disqualification is required under Canon 3E (judge disqualified in proceedings where judge's impartiality might reasonably be questioned).  Regarding cases involving outside counsel, the Committee stated that the Code "does not specifically answer whether disqualification is mandated when outside counsel is representing the county.  If such representation is independent of the County Attorney, then clearly disqualification is not required, as the County Attorney and any possible appearance of partiality or prohibited business or economic interests are not involved.  However, if the outside counsel is being directed or supervised by the County Attorney, disqualification would be required as it would be required in the case of any of the County Attorney's staff attorneys."  Because Judge is not privy to the arrangements within the County Attorney's Office, as contemplated by the commentary to Canon 3E(1), Judge should disclose on the record the relationship with the County Attorney so that the parties could consider the relevance of this information to the issue of disqualification.  Disqualification may be waived under Canon 3F.

    The Committee closed by cautioning that "if the judge's business dealings with former law partners are likely to lead to frequent disqualifications, Fla. Code Jud. Conduct, Canon 5D(4) requires the judge to divest himself or herself of any interest in the building partnership."  Judicial Ethics Advisory Opinion 2010-02.

Judicial Ethics Advisory Committee considers changes to procedures governing judicial disqualification motions.  [Added 3/18/10]

    A subcommittee of the Florida Supreme Court's Judicial Ethics Advisory Committee is considering possible changes to the procedures governing judicial disqualification motions.  One idea being examined is having the judge who is the subject of the motion to disqualify him or her rule only on the motion's facial sufficiency and having a second judge who would rule on the substance of the underlying reasons offered in the motion.

    For more information, click here to read an article in the March 15, 2010, issue of the Florida Bar News.

Judge who received favorable loan rates from lender affiliated with one of the parties is disqualified from presiding over case.  [Added 2/5/10]

    Defendant moved to disqualify a trial judge due to the judge's "alleged financial interest in the form of favorable interest rates not available to the public in the judge’s own dealings with a lender with a close corporate affiliation to the plaintiff."  The judge denied the motion, and Defendant petitioned the First DCA for a writ of mandamus.

    The appellate court granted the petition.  "This court finds that these facts, taken as true as they must be, would prompt a reasonably prudent person to fear that he or she will not obtain a fair and impartial hearing. We therefore grant the petition and direct the trial judge to enter an order of recusal, requesting that the chief circuit judge appoint a new judge to preside over the cause."  Mines v. Countrywide Home Loan, Inc., 31 So.3d 820 (Fla. 1st DCA 2010).

    NOTE:  See also Canon 5D(5)(f) of the Florida Code of Judicial Conduct.

Judge did not err in entering final order after motion to disqualify him was filed, where order simply reduced to writing prior oral ruling.  [Added 12/15/09]  --  Fernwoods Condominium Association #2, Inc. v. Alonso, 26 So.3d 27 (Fla. 3d DCA 2009).

Trial judge's "decidedly negative commentary" about party sufficient to require judge's disqualification in marriage dissolution proceeding.  [Added 10/28/09]  --  Colarusso v. Colarusso, 20 So.3d 985 (Fla. 3d DCA 2009).

Lawyers' campaign contributions totaling $4650 do not require disqualification of recipient judge under Caperton v. A.T. Massey Coal Co.  [Added 10/2/09]  --  E.I. DuPont de Nemours and Co. v. Acqumar S.A., 24 So.3d 585 (Fla. 4th DCA 2009).

Judge who recused himself in one case due to personal relationship with parties also disqualified in separate case involving those parties.  [Added 9/30/09]  --  Catasus v. Tabone, 19 So.3d 427 (Fla. 3d DCA 2009).

Judge may "trade up" in hockey ticket exchange with lawyer- friend only if judge disqualifies him/herself from cases involving friend and friend's firm does not appear before judge.  [Added 9/25/09]  --  Judicial Ethics Advisory Committee Opinion 2009-16.

Error to summarily deny claim that defense counsel was ineffective for not moving to disqualify trial judge, who had previously prosecuted defendant.  [Added 6/30/09]  --  Clayton v. State, 12 So.3d 1259 (Fla. 2d DCA 2009).

Even with parties' consent, senior judge may not preside over civil trial when judge provides mediation services in same circuit in same type of cases.  [Added 6//19/09]  --  Judicial Ethics Advisory Opinion 2009-10.

No specific language required in order for judge's order of recusal to be effective.  Goolsby v. State, 914 So.2d 494 (Fla. 5th DCA 2005).

Judge must recuse from all cases (including uncontested matters) involving lawyers from firm judge hired to represent him.  Judicial Ethics Advisory Committee Opinion 2005-15.

Disparaging remarks allegedly made by JCC's judicial assistant to party's lawyer not ground for JCC's disqualification.   Leone v. F.J.M. Construction, 911 So.2d 1285 (Fla. 1st DCA 2005).

Judge may not reconsider order of disqualification signed in error.  Jenkins v. Motorola, Inc., 911 So.2d 196 (Fla. 3d DCA 2005).

ALJ erred by ruling on merits of disqualification motion; disqualification ordered.  Lee Memorial Health System v. Fla. Agency for Health Care Administration, 910 So.2d 892 (Fla. 1st DCA 2005).

Judge who recused from one case due to adversarial relationship with lawyer disqualified from other case involving that lawyer.  Walls v. State, 910 So.2d 432 (Fla. 4th DCA 2005).

Disqualification not required where movant did not allege objective basis for fear of judicial bias.  Scott v. State, 909 So.2d 364 (Fla. 5th DCA 2005).

Motion to vacate disqualified judge's rulings waived if not filed within 20 days of disqualification order.  Weiss v. Berkett, 907 So.2d 1181 (Fla. 3d DCA 2005).

Judge's negative comments to lawyer in 2001 grounds for disqualification in 2005.  Gonzalez v. State, 896 So.2d 965 (Fla. 4th DCA 2005).

Disqualified judge remains disqualified even after reason for disqualification has disappeared.  Cusimano v. Florio, 900 So.2d 627 (Fla. 4th DCA 2005).

Judge often must disclose spouse's business relationship with lawyer when presiding over cases handled by lawyer's firm.  Judicial Ethics Advisory Opinion 2005-06.

Judge who regularly represented certain clients must disclose existence of that relationship even after 4 years on bench.  Judicial Ethics Advisory Opinion 2005-05.

Judge not disqualified from cases in which party's lawyer was on 34-member steering committee for judge's election opponent.  Braynen v. State, 895 So.2d 1169 (Fla. 4th DCA 2005).

Trial court's credibility determination adverse to defendant in another case not legally sufficient ground for disqualification.  Kokal v. State, 901 So.2d 766 (Fla. 2005).

Judge who remarked that he thought party would flee country before next hearing should be disqualified.  Cabada v. Costelloe, 888 So.2d 756 (Fla. 4th DCA 2004).

Disqualification warranted where court called wife "alimony drone" and "woman scorned" and moved up trial date despite wife's request for continuance.  Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214 (Fla. 3d DCA 2005).

Supreme Court amends procedural rules governing judicial disqualification motions.  Amendments to Florida Rule of Judicial Administration 2.160, 885 So.2d 870 (Fla. 2004) (movants required to "serve" judge with copy of motion (current rule says "send"); any motion for disqualification must be reduced to writing and "promptly filed;" judge must rule on motion to disqualify "immediately, but no later than 30 days after the service of the motion;" if not ruled on within 30 days, motion "shall be deemed granted and the moving party may seek an order from the court directing the clerk to reassign the case").

Judge's disqualification warranted  where lawyer for petitioning party had personally represented judge in another matter.  City of Fort Lauderdale v. Palazzo Las Olas Group, LLC, 882 So.2d 1102 (Fla. 4th DCA 2004).

Judge's comments at hearing giving appearance of pre-judgment of issue not before judge at hearing warranted disqualification.  Kates v. Seidenman, 881 So.2d 56 (Fla. 4^th DCA 2004).

Motion to disqualify appellate judge due to prior, allegedly incorrect adverse rulings denied as legally insufficient.  Adams v. Smith, 884 So.2d 287 (Fla. 2d DCA 2004).

Judge who recused self in one case due to friendship with lawyer, and did not disclose or recuse in later case, disqualified from later case.  Mulligan v. Mulligan, 877 So.2d 791 (Fla. 4th DCA 2004).

Disqualification warranted when trial judge in custody dispute invited children to contact her without parents' knowledge.  Frengel v. Frengel, 880 So.2d 763 (Fla. 2d DCA 2004).

Judge's initiation of plea dialogue and manner of discussing sentencing alternatives warranted disqualification.  Pierce v. State, 873 So.2d 618 (Fla. 2d DCA 2004).

Judge who did not give ex-husband full opportunity to present defense to contempt motion and relied on prior hearings with husband in making decision should have granted disqualification motion.  Swida v. Raventos, 872 So.2d 413 (Fla. 4^th DCA 2004).

Judge who interviewed child in custody case with only one parent present disqualified for ex parte communication.  Pearson v. Pearson, 870 So.2d 248 (Fla. 2d DCA 2004).

Judge's comments on witnesses and counsel in one case does not require disqualification in other cases involving same party.  [Added 3/19/04]  --  City of Hollywood v. Witt, 868 So.2d 1214 (Fla. 4^th DCA 2004).

Filing suit against trial judge does not of itself create legally sufficient ground for disqualification.  May v. South Florida Water Management District, 866 So.2d 205 (Fla. 4^th DCA 2004).

2 years acceptable length of time for judge's recusal from cases involving members of judge's former law firm; disclosure, but not disqualification, required when judge's cousins appear as lawyers before judge.  Florida Judicial Ethics Advisory Opinion 2004-06.

Judge should disqualify self from cases involving lawyer (or member of lawyer's firm) with whom judge has close social relationship and who has served and will again serve as judge's campaign treasurer.  Florida Judicial Ethics Advisory Committee Opinion 2004-01.

Negative personal exchanges between party's lawyers and judge before judge took bench sufficient to give party reasonable fear that he would not receive fair and impartial trial.  [Added 12/1/03]  --  Siegel v. State, 861 So.2d 90 (Fla. 4^th DCA 2003).

Judge's independent quest for information leads to disqualification.  Chillingworth v. State, 846 So.2d 674 (Fla. 4^th DCA 2003).  See also Inquiry Concerning a Judge (Joseph P. Baker), 813 So.2d 36 (Fla. 2002) (judge was admonished by the Supreme Court of Florida for independent investigation in violation of Canon 3B(7).