Domville v. State
103 So. 3d 184
| Fla. Dist. Ct. App. | 2012Background
- Domville moved to disqualify the trial judge, alleging the prosecutor and judge are Facebook friends and that such a relationship undermines fairness.
- The affidavit claimed adverse rulings resulted from the judge’s Facebook relationship with the prosecutor; the trial judge denied the motion as legally insufficient.
- The court reviews the motion de novo for legal sufficiency under Florida Rule of Judicial Administration 2.330(f).
- JEAC Op. 2009-20 is cited to show that listing a lawyer as a ‘friend’ on a judge’s social network page can violate Canon 2B by implying influence.
- The court held the allegations pled a well-founded fear of impartiality and quashed the denial, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of the disqualification motion | Domville contends the Facebook-friend fact would prompt a reasonable fear of bias. | Domville's fear is subjective and not legally sufficient without more concrete bias evidence. | Legally sufficient; disqualification warranted; remand ordered. |
| Impact of social networking on Canon 2B | JEAC reasoning supports disqualification when a judge lists a lawyer as a friend. | No direct bearing on disqualification without showing actual influence. | Canon 2B considerations support avoiding such public impressions. |
| Appearance of impartiality standard | Public perception requires neutral proceedings; Facebook connections can erode confidence. | Objective standard governs, not mere perception. | Public impression of possible influence undermines impartiality; sanctions warranted. |
Key Cases Cited
- Peterson v. Asklipious, 833 So.2d 262 (Fla. 4th DCA 2002) (de novo review of disqualification motions; legal sufficiency standard)
- Brofman v. Fla. Hearing Care Ctr., Inc., 703 So.2d 1191 (Fla. 4th DCA 1997) (objective, not subjective, fear required for bias concerns)
- Hayslip v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981) (standard for fear of bias in disqualification determinations)
- Fischer v. Knuck, 497 So.2d 240 (Fla. 1986) (impartiality concerns and objective appearance standards)