NARDO ZAIAS, ET AL., PETITIONERS,
v.
HONORABLE ROBERT P. KAYE, RESPONDENT
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A judge's disqualification is not automatically required based solely on opposing counsel's campaign contributions or committee membership.
Petitioners sought to disqualify a judge due to opposing counsel's contributions to the judge's re-election campaign and service on his committee. Pet…
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PER CURIAM.
Petitioners seek a writ of prohibition challenging respondent’s denial of a motion for disqualification. We deny the petition.
On August 31, 1994, petitioners moved to disqualify respondent, Judge Robert P. Kaye, because opposing counsel contributed to Judge Kaye’s re-election campaign and served as one of over sixty members on his campaign committee. Petitioners alleged that difficulties they encountered in scheduling a hearing on their summary judgment motion evidenced the judge’s bias. Judge Kaye has been re-elected, and the case is set for trial in the near future.
The fact that an attorney made a campaign contribution to a judge or served on a judge’s campaign committee does not, without more, require disqualification. Nathanson v. Korvick, 577 So. 2d 943 (Fla.1991); MacKenzie v. Super Kids Bargain Store, Inc., 565 So. 2d 1332 (Fla.1990). In general, facts must be alleged indicating “a specific and substantial political relationship” between the parties to constitute legally sufficient grounds for disqualification. See Mac-Kenzie v. Super Kids Bargain Store, Inc., 565 So. 2d at 1338 n. 5 (quoting Caleffe v. Vitale, 488 So. 2d 627 (Fla. 4th DCA 1986)).
We note also that we are not faced with the circumstances present in Barber v. Mac-Kenzie, 562 So. 2d 755 (Fla. 3d DCA 1990), review denied, 576 So. 2d 288 (Fla.1991), where during the trial, counsel served as a member of the judge’s contemporaneously active campaign committee. For these reasons, we deny the petition for a writ of prohibition.
Petition denied.
Cases With Similar Vibessemantic neighbors from the corpus
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Soulaymane Cherradi v. The Honorable Robert Lance Andrews, 669 So. 2d 326 (Fla. 4th DCA 1996)…n an allegation that an attorney for a party had made a campaign contribution to the judge’s political campaign. Nathanson v. Korvick, 577 So. 2d 943 (Fla.1991); MacKenzie v. Super Kids Bargain Store, Inc., 565 So. 2d 1332 (Fla.1990); Zaias v. Kaye, 643 So. 2d 687 (Fla. 3d DCA 1994). Just as adverse judicial rulings do not form a proper basis for disqualification, an expressed intent to appeal the judge’s rulings likewise does not form a basis for disqualification of a judge on the grounds of bias. See Heier…
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Braynen v. State, 895 So. 2d 1169 (Fla. 4th DCA 2005)…stantial political relationship’ ” that constitutes grounds for disqualification. See Neiman-Marcus Group, Inc. v. Robinson, 829 So. 2d 967, 968 (Fla. 4th DCA 2002) (quoting Caleffe v. Vitale, 488 So. 2d 627, 629 (Fla. 4th DCA 1986)); Zaias v. Kaye, 643 So. 2d 687 (Fla. 3d DCA 1994) (holding that the “fact that an attorney made a campaign contribution to a judge or served [as one of over sixty members] on a judge’s campaign committee does not, without more, require disqualification.”). Petition for writ of…
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Sands Pointe Ocean Beach Resort Condo. Ass'n, Inc. v. Aelion, 251 So. 3d 950 (Fla. 3d DCA 2018)…ead, allegations in such a case must indicate a "specific and substantial political relationship" (campaign chair or treasurer, for example) between the attorney and judge to constitute legally sufficient grounds for disqualification. Zaias v. Kaye, 643 So. 2d 687 (Fla. 3d DCA 1994). See also Rivera v. Bosque, 188 So. 3d 889, 891 (Fla. 5th DCA 2016) (granting petition for prohibition; petitioner's motion, affidavit, and attachments included a reelection flyer and incumbent/presiding judge's reelection web pag…1 / 2
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Honorable Mary Ann MacKENZIE v. Super Kids Bargain Store, Inc., 565 So. 2d 1332 (Fla. 1990)
- Caleffe v. Judge Linda L. Vitale, 488 So. 2d 627 (Fla. 4th DCA 1986)
- Barber v. Honorable Mary Ann MacKENZIE, 562 So. 2d 755 (Fla. 3d DCA 1990)
- State v. White, 577 So. 2d 943 (Fla. 1991)