Saturday, August 11, 2007

Judge Disqualified

A litigant who was dissatisfied with the judge in a paternity action decided to investigate the judge's relationship with opposing counsel. The investigation revealed that opposing counsel represented the judge's girlfriend in pending litigation. On appeal from the denial of a motion to disqualify, the Florida Fourth District Court of Appeal granted the relief. The court found noted that disqualification would be mandated by rule for a blood relation. Because the judge would be disqualified if the lawyer represented his spouse, the representation of the girlfriend was a "distinction without a difference."

The link takes you to the court's web page. The case is Baez v. Koelemij, decided August 8, 2007.(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/08/judge-disqualif.html

Judicial Ethics and the Courts | Permalink

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