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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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Can you find a case or cases in Florida where a judge led a

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Can you find a case or cases in Florida where a judge led a party to add things to their request to the court, that caused more burden on the adverse party? And that case(s) apply to disqualification of the judge?
Submitted: 9 months ago.
Category: Legal
Expert:  socrateaser replied 9 months ago.
Hello again,

I reviewed 60 cases during the past 30 minutes. Every decision speaks in general terms. The Court of Appeals obviously doesn't want to become too express about what a judge does to create an environment of partiality.

Sorry, but I think you will need a different tack here.

Hope this helps..
Customer: replied 9 months ago.


Maybe that was too specific. I know I read cases that speak to disqualification when a judge "becomes a participant" in the case or adds tips to an attorney/party in questioning.

 

I think a situation I have where the judge led a party to add to their own request/words, that it would fit the above mentioned. Can you find case law that speaks about the judge "participating," adding things or giving tips, or "soliciting" people to say things or take certain actions? Also, can a judge "lead" a witness or party?

Expert:  socrateaser replied 9 months ago.
Thanks for the clarification.

Wayland v. Wayland, 595 So.2d 234 (FL App. 3rd 3/3/1992) (Trial judge's offer to aid in sale of marital home in dissolution proceeding cast shadow upon judicial neutrality and raised reasonable question as to judge's impartiality, requiring disqualification. West's F.S.A. Code of Jud.Conduct, Canon 2, subd. A)

Moskowitz v. Moskowitz, 998 So.2d 660 (Fl App. 4th 1/6/2009) (Husband had a reasonable fear that he would not receive a fair trial of dissolution of marriage action on account of the prejudice of the trial judge and, thus, was entitled to disqualification of trial judge, where husband overheard judge advising husband's counsel to “sit on” his client, judge asked one of husband's experts how he expected to get paid by husband, and judge, who was unreceptive to husband's evidence of wife's overuse of drugs, was arrested before the trial concluded for using marijuana in a public park.  West's F.S.A. § 38.10)

Hope this helps.
Customer: replied 9 months ago.


I see a little bit there. I will read those cases. How about "leading" a witness or party? Can a judge do that in Florida law?

Expert:  socrateaser replied 9 months ago.
The only case that I find which comes close to your question is: McCloud v. State, 335 So. 2d 257 (FL 6/30/1976) (trial judge had discretion to proceed as he did in the face of the state's proffer and in an effort to exhort truth for McCloud's trial,[7] and his decision did not result in a denial of due process of law.)

The Supreme Court held that the court could permit the state to lead it's own witness -- and I read from this that the judge could do similarly with any witness, because the judge can always ask questions of a witness. The issue for disqualification is whether or not the judge's questions create an impression in the adverse party that the judge is leading the witness to defeat the adverse party. That's clearly not permitted by the law. But, there is no on point appellate court case. It's just obvious from the other cases.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33547
Experience: Retired (mostly)
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