Laurence v. State
Twelve criminal 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 held the disqualification motions were legally insufficient because the spouse's position did not involve supervising prosecutors or assisting in any prosecution, adopting the reasoning of JEAC Opinion 2023-09 that a spouse's high-level administrative (non-supervisory-over-attorneys) government employment does not create an objectively reasonable fear of bias.
Key facts
- Twelve criminal defendants filed motions to disqualify a Monroe County judge based on the judge's spouse becoming Executive Director (an administrative, non-attorney-supervisory position) at the State Attorney's Office prosecuting their cases.
- The trial court denied the disqualification motions, and the defendants sought writs of prohibition in the Third District Court of Appeal.
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Why it matters
This opinion fills a gap in Florida law—described by the court itself as having 'very little case law'—governing when a judge must disqualify because a spouse or immediate family member works for the prosecuting or… — full analysis with a trial
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