Question 1

What is judicial recusal in Florida?

Accepted Answer

Recusal (disqualification) is the process by which a judge removes themselves from a case due to a conflict of interest, bias, or other disqualifying circumstance. In Florida: Section 38.10: a judge is disqualified when: the judge is related to a party, the judge has a financial interest in the case, the judge is a material witness, the judge has previously served as counsel in the case, or the judge is biased or prejudiced toward a party. Rule 2.330 (Florida Rules of Judicial Administration): provides the procedure for disqualification.

Question 2

How does a party move to disqualify a Florida judge?

Accepted Answer

Motion process (Rule 2.330): the party files a verified motion to disqualify (a sworn statement setting forth the facts showing the judge’s bias or prejudice), the motion must be: legally sufficient (the facts alleged would cause a reasonably prudent person to fear they would not receive a fair trial), filed promptly (within a reasonable time after discovering the grounds), and specific (general allegations of bias are insufficient). The judge must: determine whether the motion is legally sufficient (the judge does not determine whether the allegations are true; only whether they are sufficient), and if sufficient: the judge must recuse themselves (the judge cannot deny the motion on the merits).

Question 3

What happens after a Florida judge is disqualified?

Accepted Answer

After disqualification: the case is reassigned to another judge (the chief judge assigns the replacement), the replacement judge reviews the case from the beginning (may need to re-rule on pending motions), and the disqualified judge cannot: participate in the case further, communicate with the replacement judge about the merits, or influence the case in any way. If the motion is denied (found legally insufficient): the party can seek review by filing a petition for writ of prohibition with the appellate court.

Recusal Judge Disqualification Bias Removal

Judicial Recusal and Disqualification in Florida

Grounds

Motion Process

After Disqualification

Related Terms

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