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sunEthics |
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Florida Supreme Court amends Florida Rules of Judicial Administration concerning judicial disqualification motions [Added 7/15/08] Responding to a proposal from the Florida Bar Rules of Judicial Administration Committee, the Florida Supreme Court has amended the Rules. One of the amendments is to Fla.R.Jud.Admin. 2.330(c) ("Disqualification of Trial Judges; Motion"). The Court's opinion stated that this amendment "adds the requirement that a motion to disqualify a trial judge 'include the dates of all previously granted motions to disqualify filed under this rule in the case and the dates of the orders granting those motions.' Putting a successor judge on notice that a prior judge has been disqualified will help to ensure the proper standard is applied to successive motions. See Fla.R.Jud.Admin. 2.330(g) (providing that if a judge has been previously disqualified, the successor judge may rule on the truth or the facts alleged in support of a successive motion by the same party and shall not be disqualified unless the successor judge rules that he or she is in fact not fair or impartial in the case)." In re: Amendments to the Florida Rules of Judicial Administration, ___ So.2d ___ (Fla., No. SC08-135, 7/10/2008), 2008 WL 2679171. |
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