sunEthics

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., __ So.3d ___ (Fla. 1st DCA, No. 1D09-5669, 2/5/2010).

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

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