Sands Pointe Ocean Beach Resort Condominium Association, Inc. v. Aelion (consolidated petitions)
In twenty-seven consolidated prohibition proceedings, clients represented by a large statewide law firm sought to disqualify an incumbent Miami-Dade circuit judge because one lawyer in that firm (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 a firm member's candidacy against the presiding judge is not automatically imputed to every other lawyer in the firm, and the conclusory allegations of 'inherent' bias failed to overcome the presumption of judicial impartiality. All petitions were denied, subject to stated limitations.
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Key facts
- Twenty-seven consolidated prohibition proceedings filed by clients of a large statewide law firm seeking to disqualify a Miami-Dade circuit judge.
- One lawyer in the law firm (not counsel of record in any cases) was running as the judge's sole opponent in an upcoming judicial election.
- +2 more key facts with a free trial
Why it matters
This is the first Florida decision addressing whether a lawyer's candidacy against a sitting judge disqualifies that judge in all cases handled by the candidate's firm, and it answers no on these records. Litigators… — full analysis with a trial
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