Saturday, August 11, 2007
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)