The *&?Q!! Factor – the Judge!

You’ve determined that the judge is likely to be an obstacle to reasonable resolution.*  First, the nuclear option:  Recusal.  Grounds:  “An affidavit stating fear that he or she will not receive a fair trial . . . because of prejudice of the judge . . .” F.S. §38.10 .  See also Fla. R. Jud. Admin. 2.330 (d).  To paraphrase the words of one judge I spoke with: You darned well better win the motion!  Common sense tells you this is a last resort.  For an excellent article on this topic see the April, 2012 Florida Bar Journal, “Don’t Let the Blindfold Slip:  A Guide to Judicial Disqualification” by Marcia K. Lippincott.

*My sincere thanks to the judges and other lawyers who shared their thoughts with me on this very sensitive topic.

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