CANON 3F | REMITTAL OF DISQUALIFICATION

A judge disqualified by the terms of Section 3E may disclose on the record the basis of the judge’s disqualification and may ask the parties and their lawyers to consider, out of the presence of the judge, whether to waive disqualification. If following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties and lawyers, without participation by the judge, all agree the judge should not be disqualified, and the judge is then willing to participate, the judge may participate in the proceeding. The agreement shall be incorporated in the record of the proceeding.

Commentary

Canon 3F. A remittal procedure provides the parties an opportunity to proceed without delay if they wish to waive the disqualification. To assure that consideration of the question of remittal is made independently of the judge, a judge must not solicit, seek, or hear comment on possible remittal or waiver of the disqualification unless the lawyers jointly propose remittal after consultation as provided in the rule. A party may act through counsel if counsel represents on the record that the party has been consulted and consents. As a practical matter, a judge may wish to have all parties and their lawyers sign the remittal agreement.

Congratulations! You're now booked up on Canon 3F from Florida's Code of Judicial Conduct!

You might need to reference it during your pursuit of justice.

For instance, you might need to understand certain codes of conduct to protect yourself from judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

As always, please get the justice you deserve.

Sincerely,

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	Citations
	A Judge's Perjury
	A Judge's Perjury
	How-To: Perjury Prosecution
	How-To: File Suit (Federal)
	How-To: File Suit (State)
	Info: FCHR Bribery
	Info: FCHR Discrimination
	Info: FCHR Obstruction
	Info: Magistrate Orders

CANON 3F | REMITTAL OF DISQUALIFICATION

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CANON 3F | REMITTAL OF DISQUALIFICATION

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