Can a motion for recusal be filed in Florida?

The appropriate remedy would be a petition for writ of mandamus, but Florida courts have held that mandamus is unavailable if a party can readily obtain a hearing before another qualified judge without undue prejudice, even if the reasons set forth by the moving party in the motion to disqualify were inadequate. Palmer v.

Can a judge be recusal in a pro se case?

Our firm assisted the pro se litigant in filing a motion to disqualify and recuse the judge. The judge granted the motion, and another judge was assigned to the case. The requirements for a motion for recusal or disqualification motion are fairly well-established.

How does a judge review a recusal motion?

The motion’s allegations must be sworn, which requires an affidavit or that the motion be verified. The judge must review an initial recusal or disqualification motion only for its legal sufficiency, and may not pass on the truth of the facts.

Can a Florida judge disqualify himself on his own motion?

Another Florida statute, F.S.A. § 38.05, authorizes a Florida judge to disqualify himself on his own motion whenever he knows of any ground for recusal. The conduct of Florida judges is also regulated by the Florida Code of Judicial Conduct ; which, in certain circumstances, may provide an independent basis for judicial disqualification.

When to file a motion to recuse a judge?

Rule 2.330, Fla. R. Jud. Admin., allows a party to seek disqualification of the assigned trial judge where the party feels he will not receive a fair trial or hearing because of a specifically described prejudice or bias of the judge. Rule 2.330(f), Fla. R. Jud. Admin.

Another Florida statute, F.S.A. § 38.05, authorizes a Florida judge to disqualify himself on his own motion whenever he knows of any ground for recusal. The conduct of Florida judges is also regulated by the Florida Code of Judicial Conduct ; which, in certain circumstances, may provide an independent basis for judicial disqualification.

Can a state move to disqualify a trial judge?

(b) Parties. Any party, including the state, may move to disqualify the judge assigned to the case on grounds provided by rule, statute, Code of Judicial Conduct, or general law, and in accordance with the procedural provisions of this rule. (c) Motion.

Can a Florida judge be removed from office?

The conduct of Florida judges is also regulated by the Florida Code of Judicial Conduct; which, in certain circumstances, may provide an independent basis for judicial disqualification. Unlike in many other jurisdictions, a Florida judge cannot be removed on the basis of a party’s “peremptory” challenge.