Chace v. Loisel
170 So. 3d 802
| Fla. Dist. Ct. App. | 2014Background
- Sandra Chace (petitioner) moved to disqualify the trial judge in her dissolution case with Robert Loisel, alleging ex parte social-media contact.
- Before final judgment, the judge sent Chace a Facebook "friend" request; Chace, on counsel's advice, did not accept it.
- After the judge issued final judgment (allocating most marital debt to Chace and awarding significant alimony to Loisel), Chace filed a formal complaint alleging retaliation for not accepting the friend request.
- Chace discovered other cases where the same judge had engaged in similar ex parte social-media contacts that led to disqualification.
- The trial court denied Chace’s motion to disqualify as legally insufficient; Chace petitioned this court for a writ of prohibition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a judge’s Facebook "friend" request to a litigant is a legally sufficient ground for disqualification | Chace: Ex parte social-media contact created a well-founded fear of bias and impaired her right to a fair trial | Trial court/Loisel: Motion legally insufficient (timeliness also argued on appeal but not decided below) | Court: Grant — the alleged ex parte Facebook contact is legally sufficient to create a reasonable fear of not receiving a fair, impartial trial; quashed denial and remanded |
| Whether Domville precedent required disqualification | Chace: Domville supports disqualification for social-media "friending" that creates a fear of partiality | Implicitly: Domville’s rationale might be overbroad | Court: Although it questioned Domville’s reasoning, Domville was binding and required disqualification here |
| Whether a party’s subjective fear alone suffices for disqualification | Chace: Fear was objectively reasonable given the judge’s conduct | Loisel: (implicit) fear may be subjective and insufficient | Court: Subjective fear is insufficient, but accepted alleged facts would prompt a reasonably prudent person to fear lack of impartiality |
| Whether "friend" on Facebook equates to a disqualifying close relationship | Chace: A friend request from a presiding judge to a litigant creates a dilemma and appearance of partiality | Loisel: (implicit) Facebook "friend" may be innocuous | Court: Facebook "friend" can mean casual connection, but here ex parte contact with a litigant while case pending raised sufficient concern to require disqualification |
Key Cases Cited
- Fischer v. Knuck, 497 So.2d 240 (Fla. 1986) (legal-sufficiency standard for disqualification: objective reasonable fear required)
- Domville v. State, 103 So.3d 184 (Fla. 4th DCA 2012) (judge’s Facebook friendship with prosecutor can create well-founded fear of partiality)
- Pardo v. State, 596 So.2d 665 (Fla. 1992) (district court decisions bind trial courts absent interdistrict conflict)
- Sania Catalina Townhomes, Inc. v. Mirza, 942 So.2d 462 (Fla. 4th DCA 2006) (procedural note on reviewing bases for denial of disqualification)