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    38.10 DISQUALIFICATION OF JUDGE - Florida Statutes

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    DISQUALIFICATION
    http://www.scribd.com/doc/35727611/Eugene-C-Turner-Disqualification http://www.scribd.com/doc/35692445/Motion-for-Recusal-of-Def-Eugene-C-Turner http://www.scribd/Foreclosure_Fraud http://www.scribd.com/doc/35611989/Eugene-C-Turner-Florida-Bar-Complaint http://www.scribd.com/doc/35563611/GRANADA-CONDO-HOMES-ASSOCIATION-FRAUD-GOV-DOCUMENTS IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al., Plaintiffs, vs. Clerk’s Case Number: 09 02617CC DR. JORG BUSSE [“BUSSE, J. R.”], et al. AFFIDAVIT __________________________________________________________________________/ AFFIDAVIT; MOTION FOR RECUSAL UNDER § 38.10, FLA. STAT., CANON 3E(1), FLA. R. JUD. ADMIN. 2.330 RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES 1. Said Rule stated: (a) Application. This rule applies only to county and circuit judges in all matters in all divisions of court. (b) Parties. Any party, including the state, may move to disqualify the trial judge assigned to the case on grounds provided by rule, by statute, or by the Code of Judicial Conduct. (c) Motion. A motion to disqualify shall: (1) be in writing; (2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualification; (3) be sworn to by the party by signing the motion under oath or by a separate affidavit;” SECTION 38.10, FLA. STAT. 2. Section 38.10 gives parties the right to move to disqualify a judge when the party fears that “he or she will not receive a fair trial . . . on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party.” Fla. Stat. § 38.10. Rule of Judicial Administration 2.330 specifies that a motion to disqualify must show that “the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” Fla. R. Jud. Admin. 2.330. 3. S. 38.10, Fla. Stat., stated: 38.10 Disqualification of judge for prejudice; application; affidavits; etc.--Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified. 4. Here, Dr. Jorg Busse has been “stating fear that he will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court [Eugene C. Turner] against the applicant. Here, objectively biased and bribed Judge Eugene C. Turner “shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified.” DR. BUSSE’S RIGHT TO APPEAL 5. If the judge denies a motion to disqualify brought under § 38.10 the movant has the right to appeal. Lynch v. State, ___ So. 2d ___, Nos. SC06-2233, SC07-1246, 2008 WL 4809783, at *26 (Fla. Nov. 6, 2008). As the Florida Supreme Court recently held: “A motion to disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by Florida Rule of Judicial Administration 2.330. Here, Dr. Busse’s motion to disqualify Defendant objectively partial Judge Turner is citing § 38.10 and Rule 2.330, as well as Canon 3E(1). 6. The Florida Supreme Court has also held, in effect, that § 38.10 and the Canons require the same thing. See Livingston v. State, 441 So. 2d 1083, 1086 (Fla. 1983). In Livingston the court cited the Canon’s requirement that a judge disqualify himself when his “impartiality might reasonably be

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    38.10 DISQUALIFICATION OF JUDGE - Florida Statutes

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    DISQUALIFICATION
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    http://www.scribd.com/doc/35727611/Eugene-C-Turner-Disqualification http://www.scribd.com/doc/35692445/Motion-for-Recusal-of-Def-Eugene-C-Turner http://www.scribd/Foreclosure_Fraud http://www.scribd.com/doc/35611989/Eugene-C-Turner-Florida-Bar-Complaint http://www.scribd.com/doc/35563611/GRANADA-CONDO-HOMES-ASSOCIATION-FRAUD-GOV-DOCUMENTS IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al., Plaintiffs, vs. Clerk’s Case Number: 09 02617CC DR. JORG BUSSE [“BUSSE, J. R.”], et al. AFFIDAVIT __________________________________________________________________________/ AFFIDAVIT; MOTION FOR RECUSAL UNDER § 38.10, FLA. STAT., CANON 3E(1), FLA. R. JUD. ADMIN. 2.330 RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES 1. Said Rule stated: (a) Application. This rule applies only to county and circuit judges in all matters in all divisions of court. (b) Parties. Any party, including the state, may move to disqualify the trial judge assigned to the case on grounds provided by rule, by statute, or by the Code of Judicial Conduct. (c) Motion. A motion to disqualify shall: (1) be in writing; (2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualification; (3) be sworn to by the party by signing the motion under oath or by a separate affidavit;” SECTION 38.10, FLA. STAT. 2. Section 38.10 gives parties the right to move to disqualify a judge when the party fears that “he or she will not receive a fair trial . . . on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party.” Fla. Stat. § 38.10. Rule of Judicial Administration 2.330 specifies that a motion to disqualify must show that “the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” Fla. R. Jud. Admin. 2.330. 3. S. 38.10, Fla. Stat., stated: 38.10 Disqualification of judge for prejudice; application; affidavits; etc.--Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified. 4. Here, Dr. Jorg Busse has been “stating fear that he will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court [Eugene C. Turner] against the applicant. Here, objectively biased and bribed Judge Eugene C. Turner “shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified.” DR. BUSSE’S RIGHT TO APPEAL 5. If the judge denies a motion to disqualify brought under § 38.10 the movant has the right to appeal. Lynch v. State, ___ So. 2d ___, Nos. SC06-2233, SC07-1246, 2008 WL 4809783, at *26 (Fla. Nov. 6, 2008). As the Florida Supreme Court recently held: “A motion to disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by Florida Rule of Judicial Administration 2.330. Here, Dr. Busse’s motion to disqualify Defendant objectively partial Judge Turner is citing § 38.10 and Rule 2.330, as well as Canon 3E(1). 6. The Florida Supreme Court has also held, in effect, that § 38.10 and the Canons require the same thing. See Livingston v. State, 441 So. 2d 1083, 1086 (Fla. 1983). In Livingston the court cited the Canon’s requirement that a judge disqualify himself when his “impartiality might reasonably be

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    http://www.scribd.com/doc/35727611/Eugene-C-Turner-Disqualification http://www.scribd.com/doc/35692445/Motion-for-Recusal-of-Def-Eugene-C-Turner http://www.scribd/Foreclosure_Fraud http://www.scribd.com/doc/35611989/Eugene-C-Turner-Florida-Bar-Complaint http://www.scribd.com/doc/35563611/GRANADA-CONDO-HOMES-ASSOCIATION-FRAUD-GOV-DOCUMENTS IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al., Plaintiffs, vs. Clerk’s Case Number: 09 02617CC DR. JORG BUSSE [“BUSSE, J. R.”], et al. AFFIDAVIT __________________________________________________________________________/ AFFIDAVIT; MOTION FOR RECUSAL UNDER § 38.10, FLA. STAT., CANON 3E(1), FLA. R. JUD. ADMIN. 2.330 RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES 1. Said Rule stated: (a) Application. This rule applies only to county and circuit judges in all matters in all divisions of court. (b) Parties. Any party, including the state, may move to disqualify the trial judge assigned to the case on grounds provided by rule, by statute, or by the Code of Judicial Conduct. (c) Motion. A motion to disqualify shall: (1) be in writing; (2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualification; (3) be sworn to by the party by signing the motion under oath or by a separate affidavit;” SECTION 38.10, FLA. STAT. 2. Section 38.10 gives parties the right to move to disqualify a judge when the party fears that “he or she will not receive a fair trial . . . on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party.” Fla. Stat. § 38.10. Rule of Judicial Administration 2.330 specifies that a motion to disqualify must show that “the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” Fla. R. Jud. Admin. 2.330. 3. S. 38.10, Fla. Stat., stated: 38.10 Disqualification of judge for prejudice; application; affidavits; etc.--Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified. 4. Here, Dr. Jorg Busse has been “stating fear that he will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court [Eugene C. Turner] against the applicant. Here, objectively biased and bribed Judge Eugene C. Turner “shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified.” DR. BUSSE’S RIGHT TO APPEAL 5. If the judge denies a motion to disqualify brought under § 38.10 the movant has the right to appeal. Lynch v. State, ___ So. 2d ___, Nos. SC06-2233, SC07-1246, 2008 WL 4809783, at *26 (Fla. Nov. 6, 2008). As the Florida Supreme Court recently held: “A motion to disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by Florida Rule of Judicial Administration 2.330. Here, Dr. Busse’s motion to disqualify Defendant objectively partial Judge Turner is citing § 38.10 and Rule 2.330, as well as Canon 3E(1). 6. The Florida Supreme Court has also held, in effect, that § 38.10 and the Canons require the same thing. See Livingston v. State, 441 So. 2d 1083, 1086 (Fla. 1983). In Livingston the court cited the Canon’s requirement that a judge disqualify himself when his “impartiality might reasonably be

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    38.10 DISQUALIFICATION OF JUDGE - Florida Statutes

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    DISQUALIFICATION
    http://www.scribd.com/doc/35727611/Eugene-C-Turner-Disqualification http://www.scribd.com/doc/35692445/Motion-for-Recusal-of-Def-Eugene-C-Turner http://www.scribd/Foreclosure_Fraud http://www.scribd.com/doc/35611989/Eugene-C-Turner-Florida-Bar-Complaint http://www.scribd.com/doc/35563611/GRANADA-CONDO-HOMES-ASSOCIATION-FRAUD-GOV-DOCUMENTS IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al., Plaintiffs, vs. Clerk’s Case Number: 09 02617CC DR. JORG BUSSE [“BUSSE, J. R.”], et al. AFFIDAVIT __________________________________________________________________________/ AFFIDAVIT; MOTION FOR RECUSAL UNDER § 38.10, FLA. STAT., CANON 3E(1), FLA. R. JUD. ADMIN. 2.330 RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES 1. Said Rule stated: (a) Application. This rule applies only to county and circuit judges in all matters in all divisions of court. (b) Parties. Any party, including the state, may move to disqualify the trial judge assigned to the case on grounds provided by rule, by statute, or by the Code of Judicial Conduct. (c) Motion. A motion to disqualify shall: (1) be in writing; (2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualification; (3) be sworn to by the party by signing the motion under oath or by a separate affidavit;” SECTION 38.10, FLA. STAT. 2. Section 38.10 gives parties the right to move to disqualify a judge when the party fears that “he or she will not receive a fair trial . . . on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party.” Fla. Stat. § 38.10. Rule of Judicial Administration 2.330 specifies that a motion to disqualify must show that “the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” Fla. R. Jud. Admin. 2.330. 3. S. 38.10, Fla. Stat., stated: 38.10 Disqualification of judge for prejudice; application; affidavits; etc.--Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified. 4. Here, Dr. Jorg Busse has been “stating fear that he will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court [Eugene C. Turner] against the applicant. Here, objectively biased and bribed Judge Eugene C. Turner “shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified.” DR. BUSSE’S RIGHT TO APPEAL 5. If the judge denies a motion to disqualify brought under § 38.10 the movant has the right to appeal. Lynch v. State, ___ So. 2d ___, Nos. SC06-2233, SC07-1246, 2008 WL 4809783, at *26 (Fla. Nov. 6, 2008). As the Florida Supreme Court recently held: “A motion to disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by Florida Rule of Judicial Administration 2.330. Here, Dr. Busse’s motion to disqualify Defendant objectively partial Judge Turner is citing § 38.10 and Rule 2.330, as well as Canon 3E(1). 6. The Florida Supreme Court has also held, in effect, that § 38.10 and the Canons require the same thing. See Livingston v. State, 441 So. 2d 1083, 1086 (Fla. 1983). In Livingston the court cited the Canon’s requirement that a judge disqualify himself when his “impartiality might reasonably be

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    8/11/2010 Statutes & Constitution :View Statutes…

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    JUDICIAL BRANCH JUDGES: GENERAL PROVISIONS
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    38.10 Disqualification of judge for prejudice; application; affidavits; etc.--Whenever a party to
    any action or proceeding makes and files an affidavit stating fear that he or she will not receive a
    fair trial in the court where the suit is pending on account of the prejudice of the judge of that court
    Session: 2011 against the applicant or in favor of the adverse party, the judge shall proceed no further, but another
    judge shall be designated in the manner prescribed by the laws of this state for the substitution of
    Bill #: Go judges for the trial of causes in which the presiding judge is disqualified. Every such affidavit shall
    state the facts and the reasons for the belief that any such bias or prejudice exists and shall be
    accompanied by a certificate of counsel of record that such affidavit and application are made in
    good faith. However, when any party to any action has suggested the disqualification of a trial judge
    Session: 2011 and an order has been made admitting the disqualification of such judge and another judge has been
    assigned and transferred to act in lieu of the judge so held to be disqualified, the judge so assigned
    Chamber: Senate and transferred is not disqualified on account of alleged prejudice against the party making the
    suggestion in the first instance, or in favor of the adverse party, unless such judge admits and holds
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    that it is then a fact that he or she does not stand fair and impartial between the parties. If such
    judge holds, rules, and adjudges that he or she does stand fair and impartial as between the parties
    and their respective interests, he or she shall cause such ruling to be entered on the minutes of the
    Year:
    court and shall proceed to preside as judge in the pending cause. The ruling of such judge may be
    2009
    assigned as error and may be reviewed as are other rulings of the trial court.
    Search History.--s. 4, ch. 7852, 1919; RGS 2674; s. 1, ch. 9276, 1923; C GL 4341; s. 3, ch. 83-260; s. 212, ch.
    95-147.

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