Ledo v. R.J. Reynolds Tobacco Co.

1 Citing case

  1. Dabbs v. State

    330 So. 3d 50 (Fla. Dist. Ct. App. 2021)   Cited 4 times
    Holding that the trial court's remarks were sufficient to violate the Code of Judicial Conduct but concluding that the violations were insufficient to warrant disqualification of the trial judge

    However, a judge's stated judicial policy that personally affects the defendant and places him in fear that he will not receive a fair hearing is legally sufficient grounds for disqualification. SeeTorres , 697 So. 2d at 177 ; Konior v. State , 884 So. 2d 334, 335 (Fla. 2d DCA 2004) (holding that "a judge who has made statements indicating that he or she has predetermined the appropriate sentence is disqualified"); Ledo v. R.J. Reynolds Tobacco Co. , 314 So. 3d 366, 367 (Fla. 3d DCA 2020) (differentiating between "a statement of philosophy [which is allowed], rather than a stated judicial policy [which is not]."). Judges have a duty to follow the law and must conform their court rulings—and any comments expressed in the discharge of their official duty—to the opinions of higher courts, whose decisions they are bound to follow.