Sands Pointe Ocean Beach Resort Condominium Association, 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 law firm, on the sole ground that another lawyer at that firm was the judge's 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 all other firm lawyers, and conclusory allegations of 'inherent bias or prejudice' are legally insufficient to overcome the presumption of judicial impartiality.
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Key facts
- Twenty-seven petitions for writs of prohibition sought to disqualify an incumbent Miami-Dade circuit judge in cases handled by a large law firm on the ground that another lawyer at that firm was running against the judge in a judicial election.
- The trial court denied the disqualification motions, and petitioners appealed, arguing that the judicial candidate's law-firm affiliation alone created an impermissible conflict of interest requiring the judge's recusal.
- +2 more key facts with a free trial
Why it matters
This is a case of first impression establishing that a judicial candidate's law-firm affiliation does not, standing alone, require disqualification of the incumbent judge in cases handled by other lawyers at the firm… — full analysis with a trial
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