Laurence v. State
Twelve criminal defendants sought writs of prohibition to disqualify a Monroe County judge whose spouse became Executive Director of the State Attorney's Office prosecuting their cases. The Third DCA held the motions were legally insufficient because the spouse's role was purely administrative, with no supervisory authority over assistant state attorneys or involvement in prosecutions, and adopted the reasoning of Florida JEAC Opinion 2023-09 distinguishing government employment from private law firm employment for recusal purposes.
Key facts
- Twelve criminal defendants filed writs of prohibition seeking to disqualify a Monroe County judge whose spouse became Executive Director of the State Attorney's Office prosecuting their cases.
- The defendants argued the judge should be disqualified based on the spouse's employment in a supervisory administrative position at the prosecutor's office handling their prosecutions.
- +2 more key facts with a free trial
Why it matters
This opinion fills a gap the court itself acknowledged — there was 'very little case law' addressing when a judge's spouse's employment at a prosecuting or defense agency requires disqualification. By formally adopting… — full analysis with a trial
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