In a Contempt Hearing, When is a Florida Trial Judge Required to Disqualify Himself?

Rosenwater v. Deutsche Bank National Trust Company, a May 21,2017 Fourth DCA opinion, explains that the trial judge in this particular matter should have disqualified himself from a hearing. Although this is not a probate case, Probate lawyers or litigants could find themselves in the same situation if they do not take court orders seriously.Here, a trial judge found a lawyer in contempt of the court after that lawyer ignored a court order and then disrespected the judge. The trial judge fined the lawyer $500 and the lawyer was committed to St. Lucie County jail for “10 days, suspended, pending compliance with all of the terms of the order.”  The lawyer appealed. In his appeal, the lawyer argues that the judge erred in entering the contempt order because the judge should have disqualified himself from the proceeding. Does the Fourth DCA agree with the lawyer? Yes! Florida Rule of Criminal Procedure 3.840(e) provides: ” If the contempt charged involves disrespect to or criticism of a judge, the judge shall disqualify himself or herself from presiding at the hearing. Another judge shall be designated by the chief justice of the supreme court.” Here, the contempt charged definitely involved the attorney’s disrespect to the trial judge. Therefore, because the trial judge failed to comply with rule 3.840(e), the Fourth reversed and remanded for a new hearing on the order to show cause. This time, the hearing will be in front of another judge. To read the entire case, click here.