Bar Journal Article 2(7/13 2:12 PM Search The Florida Bar Journal Advertising Rates • Submission Guidelines • Archives • Subscribe • News The Florida Bar www.floridabar.org October, 2000 Volume LXXIV, No. 9 Journal HOME Judicial Disqualification: What Every Practitioner (and Judge) Should Know by Douglas J. Glaid Page 28 In the course of representing a client, something may occur or be discovered which will cause an attorney and his or her client to conclude that the client will be unable to receive a fair hearing or trial before the trial judge. Assuming that the judge does not disqualify himself or herself sua sponte, counsel may consider filing a motion to disqualify or recuse the trial judge from further presiding in the action. This article will explain the procedure counsel must follow when filing such a disqualification motion, review the requirements imposed upon trial judges when determining disqualification motions, and examine the case law addressing the legal sufficiency of disqualification motions. Additionally, the procedure and law applicable to disqualification of trial judges in federal cases will be briefly discussed. Procedure Under Fla. R. Jud. Admin. 2.160 The procedure for filing disqualification motions for civil and criminal cases is set out in rule 2.160 of the Florida Rules of Judicial Administration. Counsel should also be mindful of the fact that a statute relating to judicial disqualification exists, F.S. §38.10,1 the requirements of which are consistent with rule 2.160 and should be satisfied by counsel. Additionally, Fla. Code Jud. Conduct Canon 3E(1) sets forth a nonexclusive list of instances in which a judge must disqualify himself or herself from a case in which the judge's Impartiality might reasonably be questioned." A motion to disqualify must be in writing and 'specifically allege the facts and reasons" relied on to show the basis for disqualification. See Fla. R. Jud. Admin. 2.160(c). The motion must