Canons

Fla. Code Jud. Conduct, Canon 2B A judge shall not allow family, social, political or other relationships to influence the judge’s judicial conduct or judgment.

Fla. Code Jud. Conduct, Canon 3E(1) A judge shall disqualify himself or herself where his or her impartiality might reasonably be questioned.

Fla. Code Jud. Conduct, Canon 3E(1)(b) A judge shall disqualify himself or herself where the judge served as a lawyer or was the lower court judge in the matter at issue; the judge practiced law with a lawyer who served in the matter while practicing with the judge; or the judge has been a material witness concerning the matter.

Fla. Code Jud. Conduct, Canon 3E(1)(d) A judge shall disqualify himself or herself where the judge or the judge’s spouse, a person within the third degree of relationship to either the judge or the spouse, or the spouse of the relative is a party or officer, director or trustee of a party in the proceeding; a lawyer in the proceeding; is known by the judge to have more than a de minimis interest that could be substantially affected by the proceeding; or is to the judge’s knowledge likely to be a witness in the proceeding.

Fla. Code Jud. Conduct, Commentary to Canon 3E(1) A judge should disclose on the record any information that he or she believes the parties or their attorneys might consider relevant to disqualification, even if the judge believes there is no real basis for disqualification.

Fla. Code Jud. Conduct, Commentary to Canon 3E(1)(d) The fact that a lawyer in a proceeding is affiliated with a law firm with which a relative of the judge is also affiliated does not in an of itself disqualify the judge.

A judge is not automatically disqualified in all cases involving a law firm that employs the judge’s son-in-law as a part-time law clerk because the son-in-law has no more than a de minimus interest in most proceedings and the judge’s impartiality is unlikely to be reasonably questioned.  However, disclosure is required, and disqualification might be required if the son-in-law was working on the case in question.  The JEAC endorsed a case-by-case analysis and receded from Op. 03-18, which had determined that disqualification was required when a law firm employed the judge’s niece as a summer intern.   3E.

Judge must disqualify himself or herself from all cases involving any lawyer from a law firm employing the judge’s spouse as a paralegal, unless all parties agree to enter a remittal of disqualification.  3E(1); 3F.

Mere employment of a judge’s relative by the sheriff’s department does not automatically warrant or mandate disqualification in all cases involving the department because the family members will generally have no direct financial interest in the outcome of the matter.  Instead, disqualification is not required unless the family member is actually involved in the matter on behalf of the department.  Further, disclosure is not necessary unless the judge believes his or her impartiality might reasonably be questioned.  3E(1) and Commentary.

Judge in juvenile delinquency division of court utilizing a unified family court concept must disqualify himself or herself from delinquency matter where the parents of the child involved are represented in a family law matter by the judge’s son’s law firm.  Even though the judge would not be presiding over the case involving the son’s law firm, the judge would be conferring with the family law judge about matters affecting the resolution of the family law and delinquency cases.  3E(1); 3F; and Commentary to Canon 3F.

Judge must disclose spouse’s business relationship with attorney in matters involving that attorney’s firm if, after considering several factors, the judge thinks it possible that a party might reasonably express concern over the judge’s ability to remain impartial. However, recusal would not be required unless the judge knows spouse would have more than a de minimis interest in the outcome of the proceeding. 3E(1)(d)(iii) and 3E(2).

Mere fact that spouse of Judge of Compensation Claims represents state bureau that is one of several under the Division of Risk Management does not require disqualification, although it does require disclosure. Instead, disqualification is required only where the spouse’s client is a named party in a worker’s compensation claim before the judge. 1, 2A, 3, and 3E.

Judge is required to inform parties when attorneys from firms employing the judge’s first cousins as attorneys appear before the judge. 3E(D)(ii) and 3D.

Judge must disqualify himself or herself in cases involving law firm employing judge’s niece as a legal intern unless, after disclosure, the parties agree that the judge not be disqualified. However, the Code of Judicial Conduct does not require automatic disclosure and disqualification where a law firm that has employed the judge’s brother as an expert witness in an unrelated matter appears before the judge. 2A, 3E(1)(d), and 3F

Where judge is assigned to criminal division and judge’s spouse is a child victim specialist in the state attorney’s office, the Code of Judicial Conduct does not mandate disqualification of the judge in a criminal case in which the spouse has no involvement but which has allegations of sexual abuse to a child. However, the judge should make the disclosure in cases involving allegations of sexual abuse to a child so that the defendant and the state can determine whether the judge's spouse is, or will be, involved in the case. 3E

Judge responsible for setting conditions of pretrial release could preside over conferences with pretrial services assessment personnel supervised by the judge’s spouse because there was no indication that the spouse’s work or decisions would affect the judge’s decisions. 1, 2 and 2A.

Employment of spouse of the Administrative Judge of the Family Division as case manager in the Family Division violates the Code of Judicial Conduct by giving rise to the appearance of impropriety, especially where the judge acknowledged that the spouse’s work and decisions would affect the judge’s division. Further, this appearance would still exist even if the judge stepped down as the Administrative Judge. 1, 2 and 2A.

Judge must disclose when a party is represented by the law firm that previously represented the law firm of the judge’s spouse in a legal malpractice action for a reasonable period of time. However, the judge is not ethically bound to disqualify himself or herself in such cases unless the judge believes that his or her impartiality might reasonably be questioned. 3E.

Judge may preside over cases in which the court reporter is employed by court reporting service owned by judge’s spouse provided that the judge is not involved in any decision regarding the spouse’s hiring as the contract court reporter. Further, the judge need not disclose that court reporters from the spouse’s business are covering court proceedings. 2B.

County judge married to the elected public defender in the judge’s circuit may not preside over cases in the criminal division to which the public defender is assigned. However, judge need not disclose relationship with public defender when conducting weekend or holiday appearance hearings before the public defender has been appointed. 3E, 3E(1), 3E(1)(d)(ii) and 3F.

If criminal division judge whose son-in-law is a candidate for the Office of Public Defender cannot be reassigned to a different division, the judge must disqualify himself or herself from any case in which the public defender is actually involved However, disqualification is not automatic where assistant public defenders are involved; instead, the judge should continue to disclose the situation and evaluate whether disqualification is merited on a case-by-case basis. 3E, 3E(1), and 3E(1)(a).

Even after four years had passed since judge represented medical center in medical malpractice claims, judge was still required to disclose former attorney-client relationship. 3E(1).

Judge must disqualify himself or herself from all cases in which the judge’s former fiancé serves as an expert witness and the engagement ended less than three years ago.  3E(1); 3C(4); 3F.

Judge must disclose that former fiancé’s CPA firm leases office space from a partnership in which the judge is a general partner and the engagement ended less than three years ago.   3E(1); 3C(4); 3F.

Judge must disclose friendship with attorney even in cases handled by the attorney’s associate if, in the judge's estimation, the nature of the friendship is sufficient to warrant reasonable concern over the judge's impartiality. 3E(1).

Judge should recuse himself or herself for a reasonable time from cases involving an attorney or any member of the attorney's law firm where the judge has a close social, election, and professional relationship with the attorney. 2 and 4.

Judge may appoint psychologist to whom the judge was once engaged over ten years ago to conduct evaluations in criminal cases. Further, the judge need not disclose this relationship, though he or she might have to disclose a continuing friendship with the psychologist on a case-by-case basis. 2 and 3E(1)

The Code of Judicial Conduct requires a judge to recuse himself or herself from cases involving an attorney with whom the judge owns a parcel of real estate, even though the attorney appears before the judge infrequently, the judge’s ownership interest is small and the judge’s involvement is primarily passive. 3F(1)(c), 3F, 5A(3) and 5D(1)(a),(b).

Mere possibility that judge in family division might be involved in litigation with former spouse concerning their children does not require disclosure or recusal from all litigation concerning children. 3E(1).

Judge may not privately mediate his or her friends’ marriage dissolution because no law or court rule expressly authorizes such service. 5F and 5G.

Administrative judge in county criminal division who owns a one-sixth interest in recreational property in which the state attorney also owns an interest must disqualify himself or herself from all cases involving the state attorney’s office because of the possible appearance of impropriety. 3E, 3E(1), 5D, 5D(1), 5D(1)(b), 5D(2), and 5D(4).

Judge’s entry of an Order of Recusal in a civil matter because litigant was married to assistant state attorney with whom the judge had a “tumultuous” relationship does not mandate recusal or disqualification in all cases involving any assistant state attorney.  3B(1); 3E.

Judge may not satisfy disclosure requirements by (1) sending a mass mailing to all members of the local bar listing the members of the judge’s campaign committee; or (2) placing advertisements with this information in the local bar association newsletter.  Instead, such disclosure must be on the record in open court.  Notice by posting in the courthouse is neither required nor sufficient for disclosure.  3E(1).

While a judge is required to disclose to the State when a criminal defense attorney appearing before the judge is currently on his or her campaign committee, disqualification depends upon the extent of the attorney’s involvement in the committee and the remoteness in time of the attorney’s participation.  However, if disqualification is required and not waived, it extends to any member of the attorney’s law firm.  3E(1) and Commentary; 3F.

If judge leases office building he or she owns to a local legal aid group, the judge must disqualify himself or herself from any cases in which lawyers affiliated with the group appear unless the parties agree to a waiver.  Further, if the judge cannot minimize the number of disqualifications due to the rental relationship, the judge must divest himself or herself of the office building as soon as it can be accomplished without serious financial detriment.  3E(1); 3F; 5; 5D(1)(b), (2), (4).

Judge should not appear in public relations campaign for public library system because such involvement could be viewed as showing favoritism to the county, likely a frequent litigant before the court.  Commentary to Canon 3E(1).

While the Code does not prohibit a judge from remaining the beneficiary of a land trust along with some of the judge’s former partners, the judge must disqualify himself from any cases in which those former partners are involved.  Consequently, the judge should dispose of any interest in the trust if it is likely that the co-beneficiaries will appear frequently in proceedings before the court on which the judge serves.  3E; 3F; 5; 5D(1)(b); 5D(4); and Commentary to Canon 3E(1).

Part-time traffic magistrate may rent office space from law firm that handles traffic matters as long as the relationship is at arm’s length and the lease is commercially reasonable.  However, it would be “ill advised” for the magistrate to hear any of the law firm’s cases because the magistrate’s impartiality might be questioned.  Also, if the magistrate becomes a general contractor with the firm, he must disqualify himself or herself in any case involving the firm.  3E(1) and 3E(1)(c).

In the event that a judge’s judicial assistant is or has recently been employed by an attorney who subsequently appears before that judge, judge should disclose the employment.  No canons cited.

Judge is not required to direct a staff attorney to disqualify himself or herself from all cases involving the legal department of the governmental agency which employs the staff attorney’s spouse as an attorney where the spouse exercises no supervisory authority within the legal department. 3C(2); 3E(1); and 3E(1)(d)(ii).

While a judge must disclose to parties in a pending case that the judge has reported an attorney in the case to the Florida Bar for alleged misconduct in the case, the judge is not necessarily disqualified. Also, the judge is not obligated to disclose the reporting in subsequent cases in which the attorney appears before the judge. 3D(2); Commentary to 3E(1).

While a judge is not required to report a notary public or a party to the appropriate entities for possible misconduct, there is no ethical bar against the judge’s doing so. Further, if the judge makes such a report, the judge is required to disclose this to the parties, and disqualification may be warranted given that the judge’s impartiality might reasonably be questioned. 3D(2); Commentary to 3E(1).

Judge is not required to disclose that judge reported a party to the State Attorney’s Office in other cases involving the party’s attorney’s law firm; nor is the judge required to disclose in those same cases that the judge reported the law firm’s notary to an entity for misconduct. 3D(2); Commentary to 3E(1).

Where judge has hired a lawyer for representation in a civil lawsuit, judge must automatically recuse himself or herself from all cases involving the lawyer or the lawyer’s firm, even if those cases are uncontested and even though the judge is the only judge assigned to the probate and guardianship division of the circuit. 2, 3, 3E(1) and Commentary, and 3F.

Two years is an acceptable length of time for new judge to recuse himself or herself from cases handled by former law firm. 3E(1)(d)(ii) and 3D.

Judge should recuse himself or herself for a reasonable time from cases involving an attorney or any member of the attorney's law firm where the judge has a close social, election, and professional relationship with the attorney. 2 and 4.

There is no per se requirement that a judge disqualify himself or herself or make a disclosure in cases involving an attorney who was a member of the judge’s re-election committee. Instead, the judge must evaluate each case individually in light of the extent of the attorney’s involvement in the election and the remoteness in time of that involvement. 3E(1) and 3F

Where judge once served as law clerk to a now-suspended attorney who appears before the judge pro se, judge need not observe a per se rule of disclosure or disqualification provided that no financial arrangement exists between the judge and the attorney in question and, further, that a sufficient time has passed so that no objective person would question the judge's impartiality. 3E(1).

Unless disqualification is waived after disclosure, a judge must recuse himself or herself from cases in which a former law partner is the attorney of record and that attorney’s firm is making payment to the judge pursuant to a promissory note. 3E(1) and 5D(4).

Chief Judge of circuit should not allow trial court law clerks employed by the circuit to serve as arbitrators in that circuit because the arbitration matters could ultimately come before the court. 5F, Preamble Definitions Section and Applications Section B.