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County judge whose child is lawyer in State Attorney's Office is not disqualified from hearing criminal cases but should disclose relationship to parties in criminal cases.  [Added 1/31/12]

    County Judge often presides over felony and misdemeanor criminal trials.  Judge's child is graduating from law school and seeking employment with the State Attorney's Office in that county.  Judge recognized that the child could not handle any cases that would come before Judge.  Judge asked the Florida Supreme Court's Judicial Ethics Advisory Committee whether Judge would be disqualified from presiding over any and all criminal cases.

    The Committee answered in the negative.  Disqualification from any cases in which the child appears is required by Canon 3E(1) of the Florida Code of Judicial Conduct (“A judge shall disqualify himself or herself” where “the judge or the judge’s spouse, or a person within the third degree of relationship to either of them . . . is . . . a lawyer in the proceeding . . . .”)  That disqualification, however, does not extend to all cases involving the State Attorney's Office.

    The Committee went on to discuss the related question of disclosure to parties, noting that Comment [5] to Rule 2.11 of the Annotated Model Code of Judicial Conduct says a judge “should disclose on the record information that the judge believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification.”  (Emphasis by Court.)  The Court concluded:  "In sum, automatic disqualification is not required, but, if the child works for the state attorney’s office, all parties to criminal cases and their counsel should be so informed."  Judicial Ethics Advisory Opinion 2012-02.

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