R.H. v. Department of Children and Families
A father sought prohibition to disqualify the trial judge presiding over his termination of parental rights case, alleging that at a permanency hearing the judge relied on extrajudicial knowledge to prejudge the credibility of an expert witness central to the upcoming trial. The Third District held the allegations were legally sufficient to create a well-founded fear of not receiving a fair trial, granted the petition, and withheld issuance of the writ in confidence the judge would recuse.
Key facts
- Father sought prohibition to disqualify the trial judge presiding over his termination of parental rights case in the Department of Children and Families.
- At a permanency hearing, the father alleged the judge relied on extrajudicial knowledge to prejudge the credibility of an expert witness who was central to the upcoming termination trial.
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Why it matters
The opinion supplies a citable rule that a judge's reliance on extrajudicial knowledge of a recurring expert's credibility warrants disqualification, even in the informal setting of dependency court. Practitioners in… — full analysis with a trial
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