Sands Pointe Ocean Beach Resort Condominium Association, Inc. v. Aelion (consolidated petitions)
In twenty-seven consolidated prohibition proceedings, clients of a large statewide law firm sought to disqualify an incumbent Miami-Dade circuit judge because one attorney in that firm (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 imputed to every other lawyer in the firm, and conclusory allegations of 'inherent bias or prejudice' without any specific facts are legally insufficient to overcome the presumption of judicial impartiality.
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Key facts
- Twenty-seven consolidated prohibition proceedings in which clients of a large statewide law firm sought to disqualify a Miami-Dade circuit judge based on one firm attorney's candidacy against the judge in an upcoming judicial election.
- The movants alleged that the judge would be inherently biased or prejudiced against them because one lawyer in their firm (not counsel of record in any case) was running as the judge's electoral opponent.
- +2 more key facts with a free trial
Why it matters
This is the leading Florida authority on whether a judicial election opponent's law firm affiliation requires the incumbent judge's disqualification in cases handled by other firm lawyers — an issue of first impression… — full analysis with a trial
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