Sands Pointe Ocean Beach Resort Condominium Ass'n, Inc. v. Aelion (consolidated judicial disqualification petitions)
Twenty-seven consolidated prohibition petitions sought to disqualify an incumbent Miami-Dade circuit judge because an attorney at the petitioners' law firm (but not counsel of record in any case) was the judge's sole opponent in an upcoming judicial election. The Third DCA, addressing an issue of first impression, held that the candidacy of one lawyer in a large firm is not automatically imputed to every other firm lawyer, and that conclusory allegations of 'inherent bias' do not overcome the presumption of judicial impartiality.
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Key facts
- Twenty-seven consolidated prohibition petitions sought to disqualify a Miami-Dade circuit judge based solely on the fact that one attorney at petitioners' law firm (not counsel of record in any case) was running against the judge in an upcoming judicial election.
- The petitioners alleged inherent bias and prejudice arising from the law firm's association with the judge's election opponent, but presented no allegations of actual in-court or out-of-court misconduct by the judge.
- +2 more key facts with a free trial
Why it matters
This is a first-impression Florida decision on whether an attorney's candidacy against an incumbent judge disqualifies that judge in all cases handled by the candidate's firm. Litigators at large firms with a judicial… — full analysis with a trial
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