Sands Pointe Ocean Beach Resort Condominium Association, Inc. v. Aelion (consolidated petitions)
Twenty-seven consolidated prohibition petitions sought to disqualify an incumbent Miami-Dade circuit judge from cases handled by a large law firm because one member of 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 a single firm lawyer is not imputed to every other lawyer in the firm, and that conclusory allegations of 'inherent bias or prejudice' are legally insufficient to overcome the presumption of judicial impartiality. All petitions were denied, subject to express limitations.
📄 Read the official opinion (3rd DCA) →
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Key facts
- Twenty-seven consolidated prohibition petitions sought to disqualify a Miami-Dade circuit judge from cases handled by a large law firm because one lawyer in that firm (not counsel of record in any case) was running against the judge in an upcoming judicial election.
- The petitioners alleged that the candidacy of the single firm member created inherent bias and prejudice warranting the judge's disqualification from all cases involving the firm's lawyers.
- +2 more key facts with a free trial
Why it matters
This is the first Florida appellate decision addressing whether an attorney's candidacy against an incumbent judge is imputed to every lawyer in the candidate's firm for disqualification purposes — the court says no… — full analysis with a trial
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