Sands Pointe Ocean Beach Resort Condominium Ass'n, Inc. v. Aelion (consolidated prohibition petitions)
Twenty-seven consolidated petitions for writs of prohibition sought to disqualify an incumbent Miami-Dade circuit judge in cases handled by a large statewide law firm, one of whose attorneys (not counsel of record in any of the cases) 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 lawyer is not automatically imputed to all other firm lawyers so as to create legally sufficient grounds for disqualification; conclusory assertions of 'inherent bias' do not overcome the presumption of judicial impartiality.
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Key facts
- Twenty-seven consolidated petitions sought to disqualify a Miami-Dade circuit judge in cases handled by a large statewide law firm, based on the fact that one firm attorney (not counsel of record in any case) was running against the incumbent judge in an upcoming judicial election.
- The trial court denied the motions to disqualify, and petitioners appealed to the Third District Court of Appeal.
- +2 more key facts with a free trial
Why it matters
This is a first-impression Florida decision on whether a judicial-election challenger's candidacy is imputed to her entire law firm for disqualification purposes — a recurring issue every election cycle for firms with… — full analysis with a trial
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