3D2024-0764
Twelve consolidated defendants sought writs of prohibition to disqualify a Monroe County judge whose spouse became Executive Director (an administrative, non-attorney-supervisory role) at the State Attorney's Office prosecuting their cases. The Third DCA denied all petitions, holding the motions to disqualify were legally insufficient because the spouse's position involved no supervision of prosecutors and no role in the prosecution of pending cases, adopting the reasoning of JEAC Opinion 2023-09.
Key facts
- Twelve consolidated defendants in Monroe County filed writs of prohibition seeking to disqualify a trial judge whose spouse became Executive Director (a non-attorney administrative position) at the State Attorney's Office prosecuting their criminal cases.
- The defendants argued the judge should be disqualified based on the spouse's employment in the prosecuting agency, claiming an objectively reasonable fear of bias.
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Why it matters
This opinion provides a rare, detailed appellate treatment of judicial disqualification standards where a judge's spouse works within the same prosecuting agency in an administrative capacity, clarifying that mere… — full analysis with a trial
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