229 So. 3d 408
Fla. Dist. Ct. App.2017Background
- Herssein & Herssein, P.A. sued former client USAA for breach of contract and fraud; Herssein alleged an executive engaged in witness tampering and might be a witness and defendant.
- USAA retained Israel Reyes (an ex-circuit court judge) to represent the executive.
- The trial judge was listed as a Facebook "friend" of Reyes on the judge’s personal Facebook page.
- Herssein filed a motion to disqualify the trial judge, supported by affidavits asserting a well-grounded fear of bias because of the Facebook friendship; the trial court denied the motion.
- Herssein petitioned this court for a writ of prohibition to disqualify the judge; the district court reviewed whether a reasonably prudent person would fear lack of impartiality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a judge’s Facebook "friendship" with a lawyer for a potential party/witness requires disqualification | Facebook friendship with Reyes creates a well-grounded fear of bias and influence over the judge | Mere listing as a Facebook "friend" does not show a close relationship or influence and is insufficient for disqualification | Mere Facebook friendship, without more, does not warrant disqualification; petition denied |
Key Cases Cited
- Molina v. Perez, 187 So. 3d 909 (Fla. 3d DCA 2016) (standard for legal sufficiency of a disqualification motion)
- Brofman v. Florida Hearing Care Ctr., Inc., 703 So. 2d 1191 (Fla. 4th DCA 1997) (motion to disqualify evaluated by whether facts would prompt a reasonable fear of partiality)
- MacKenzie v. Super Kids Bargain Store, Inc., 565 So. 2d 1332 (Fla. 1990) (friendship or social ties alone usually legally insufficient for disqualification)
- Domville v. State, 103 So. 3d 184 (Fla. 4th DCA 2012) (recusal required where judge was Facebook "friend" with prosecutor)
- Chace v. Loisel, 170 So. 3d 802 (Fla. 5th DCA 2014) (Facebook "friend" status does not necessarily imply close relationship; questioned Domville)