The Foreclosed Judge

The Florida Judicial Ethics Advisory Committee has a recent opinion on the ethical issues that face a judicial officer who is a co-defendant in a foreclosure action:

ISSUE ONE

Whether a judge, who, with the judge's spouse, are tenant/ defendants in a residential condominium foreclosure proceeding, must recuse himself/herself from all residential foreclosure proceedings.

ANSWER: No.

ISSUE TWO

If recusal is not required, whether a judge who, with the judge's spouse, are tenant/ defendants in a residential condominium foreclosure proceeding, must disclose that status to all residential foreclosure litigants.

ANSWER: Yes.

ISSUE THREE

If recusal is not required, and if disclosure to all residential foreclosure litigants is not required, whether a judge who, with the judge's spouse, are tenant/ defendants in a residential condominium foreclosure proceeding, must disclose that status to litigants who present motions for writs of possession or objections for the judge's consideration or to litigants in residential foreclosure cases involving tenant occupied residential properties.

ANSWER: Yes.

(Mike Frisch)