Sands Pointe Ocean Beach Resort Condominium Association, Inc. v. Aelion (consolidated petitions)
In 27 consolidated prohibition petitions, clients of a large law firm sought to disqualify an incumbent Miami-Dade circuit judge solely because another lawyer at the firm (not counsel of record in any of the cases) was the judge's opponent in an upcoming judicial election. The Third District held the verified motions alleging 'inherent' bias were legally insufficient because they contained no specific facts, no showing of any 'specific and substantial political relationship' between the lawyers of record and the candidate, and nothing to rebut the presumption of judicial impartiality; all petitions were denied.
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Key facts
- Clients of a large law firm filed 27 consolidated petitions seeking to disqualify an incumbent Miami-Dade circuit judge based solely on the fact that another lawyer at the firm (not counsel of record in any cases) was running against the judge in an upcoming judicial election.
- The trial court denied all disqualification motions, and petitioners appealed to the Third District Court of Appeal.
- +2 more key facts with a free trial
Why it matters
This is a case of first impression in Florida on whether an attorney's candidacy against a sitting judge is imputed to every lawyer in the candidate's firm for disqualification purposes — the Third District says no… — full analysis with a trial
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