MATTHEWS
v.
STATE
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A judge must be disqualified when established facts would cause a reasonably prudent person to fear not receiving a fair and impartial proceeding, regardless of the judge's actual bias or personal perception of impartiality.
[1] Judicial disqualification is required when established facts would cause a reasonably prudent person to fear not receiving a fair and impartial proceeding, without requir…
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Join FLexlaw to unlock all legal intelligence“the standards for disqualification do not turn on a demonstration of actual bias or partiality on the part of the judge or the judge's own perception of his or her impartiality. Rather, disqualification is required where the facts alleged and established, which must be taken as true, would place a reasonably prudent person in fear of not receiving a fair and impartial proceeding.”
Court explaining the legal standard for judicial disqualification
Petitioner filed a motion to disqualify Judge Iten in circuit court case number 18-CF-1401. The motion was deemed legally sufficient to warrant disqua…
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Petitioner's petition for a writ prohibiting Judge Iten from presiding further in circuit court case number 18-CF-1401 is granted as the petitioner's motion to disqualify the judge filed in the circuit court is deemed legally sufficient. See Kline v. JRD Mgmt. Corp., 165 So. 3d 812, 814 (Fla. 1st DCA 2015) ("[T]he standards for disqualification do not turn on a demonstration of actual bias or partiality on the part of the judge or the judge's own perception of his or her impartiality. Rather, disqualification is required where the facts alleged and established, which must be taken as true, would place a reasonably prudent person in fear of not receiving a fair and impartial proceeding."). Accordingly, a successor judge shall be immediately appointed pursuant to Florida Rule of Judicial Administration 2.215(b)(4).
BLACK and ROTHSTEIN-YOUAKIM, JJ., Concur. ATKINSON, J., would deny the petition for writ of prohibition.
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Citator
Authorities Cited
- Felice Kline v. JRD Mgmt. Corp. & Ccmsi, 165 So. 3d 812 (Fla. 1st DCA 2015)