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 because an attorney at the law firm representing the parties (but 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 lawyer is not imputed to every other member of a large law firm, and that conclusory allegations of 'inherent bias or prejudice' are legally insufficient to overcome the presumption of judicial impartiality.
📄 Read the official opinion (3rd DCA) →
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Key facts
- Twenty-seven consolidated petitions sought to disqualify a Miami-Dade circuit judge based on an attorney at the law firm representing the petitioners (but not serving as counsel of record) running against the judge in an upcoming judicial election.
- The trial court denied the disqualification motions, and petitioners appealed, arguing that the judicial candidate's association with the law firm created grounds for disqualification of the judge in all cases handled by that firm.
- +2 more key facts with a free trial
Why it matters
This is a first-impression ruling in Florida on whether a judicial election challenge by one firm attorney disqualifies the incumbent judge in every case handled by that attorney's firm — the answer is no, absent… — full analysis with a trial
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