Do you think the judge has it in for you? Or worse does it appear she does not like your attorney. You may be entitled to a new judge but do you know how to get what you are legally entitled to? Experienced Palm Beach probate litigators know that getting a judge to admit bias can be hard to do. Are you prepared to appeal if necessary to keep your judge unbiased? That’s what one litigant had to do as part of a very high profile tobacco case in West Palm Beach, learn more.
Motions to Disqualify / Writs of Prohibition
- Judges do not like to get disqualified, but sometimes it has to be done.
- For one thing you may be entitled as a matter of law to such recusal if there is a relation or other obvious ground.
- Sometimes though the proof is in the pudding as they say, and the remarks and conduct of the judge simply evidence a bias or prejudice.
- Then what are you supposed to do?
- Experienced Palm Beach probate litigators will start by filing a motion to recuse or disqualify the judge, do you know who decides that motion?
- The judge themselves will.
- So what other options do you have?
- You can also file in the district court of appeals for something called a writ of prohibition.
- Do you know what this ancient document does?
- It prohibits the lower court from doing something, here presiding over the case.
- Do you know how to prove that you deserve a writ of prohibition?
Perroto v. R.J. Reynolds Tobacco Company
- This was an appeal centered around the large tobacco litigation that has been going on in Florida, if you are not familiar with it please look it up because the cases and their progeny are very interesting and cutting edge stuff.
- One lawyer had a particularly troublesome relationship with one counsel in this case.
- The lawyer’s conduct was not appreciated by the judge who then took the time to reverse the ruling on a particular part of the case (as a response to the conduct, claiming it was fraudulent).
- She made sure to outline her opinion in a fifteen-page order.
- To add insult to injury the judge then used that order as a judicial writing sample when applying for a position on the federal bench!
- Well the attorney did not take to kindly to that and wrote to the judicial committee and told them why he did not think they judge was fit for the federal bench!
- During a subsequent the hearing the judge openly remarked that she would never forgive the attorney for what he did, that she took it personally and it made her cry.
- Do you think the court was right in prohibiting her from ruling on the case?
Want to learn more?
Check out the entire case by clicking here!