On November 15, 2018, the Florida Supreme Court held that “an allegation that a trial judge is a Facebook ‘friend’ with an attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification.”
The statute which governs a motion to disqualify requires that the moving party file an affidavit in good faith stating fear that he or she will not receive a fair trial…on account of the prejudice of the judge as well as the facts and the reasons for the belief that any such bias or prejudice exists.
In finding that Facebook “friendship” alone falls below the threshold for disqualification, the Court reasoned, that the mere fact that a Facebook “friendship” exists provides no significant information about the nature of any relationship between the Facebook ‘”friends.” The Court further noted that “[n]o reasonably prudent person would fear that she could not receive a fair and impartial trial based solely on the fact that a judge and an attorney appearing before the judge are Facebook “friends” with a relationship of an indeterminate nature.”
Florida courts, including the Supreme Court, have long recognized the general principle of law that an allegation of mere friendship between a judge and a litigant or attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification. Why should Facebook “friendships” be any different?
Heather L. Ries is an attorney with the Financial Restructuring and Bankruptcy Department of the law firm of Fox Rothschild LLP. Heather focuses her practice in matters related to bankruptcy, creditors’ rights, commercial workout and foreclosure disputes, and commercial litigation. You can contact Heather at 561-804-4419 or hries@foxrothschild.com.