There are 2 DUI cases in Jacksonville that have caused a problem for the state attorney’s office. The office is prosecuting 2 judge’s sons on DUI charges and the prosecutor claims that the judges who are hearing the cases are biased because they themselves are judges. While one judge agreed to recuse himself from the case, the other will not.
In order to disqualify a judge from a criminal case in Jacksonville, Florida, the person moving for the disqualification has to file an affidavit stating there is a fear that he will not receive a fair trial in court because of the prejudice of the judge. The affidavit has to set forth facts that provide the basis for the belief that the bias and prejudice exists. It also must have a certificate from the attorney filing the motion that it is filed in good faith.
The motion has to be filed in a reasonable time after the attorney discovers the potential conflict, but that reasonable time cannot go past 10 days. Usually it is a defendant’s criminal defense lawyer that moves to disqualify a judge, not the state attorney’s office.