Sands Pointe Ocean Beach Resort Condominium Ass'n, Inc. v. Aelion (consolidated petitions)
Twenty-seven consolidated prohibition petitions sought to disqualify an incumbent Miami-Dade circuit judge because a lawyer at the petitioners' large law firm (but not counsel of record in any case) was the judge's sole opponent in an upcoming judicial election. The Third District held as a matter of first impression that the candidacy of one firm member is not imputed to the entire firm, and that conclusory allegations of 'inherent bias or prejudice,' without specific in-court or out-of-court conduct or a specific and substantial political relationship, are legally insufficient to 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 on the candidacy of a lawyer at the petitioners' large law firm (not counsel of record in any case) who was running against the judge in an upcoming judicial election.
- The petitioners alleged the judge had inherent bias and prejudice against them, but provided no specific instances of in-court or out-of-court conduct by the judge or description of a specific and substantial political relationship between the judge and the opposing candidate.
- +2 more key facts with a free trial
Why it matters
This is a case of first impression in Florida on whether an attorney's judicial candidacy is imputed to the rest of her law firm for disqualification purposes — a recurring problem every election cycle for firms with… — full analysis with a trial
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