Orr v. Schack

FARMER, Judge.

The trial judge1 denied a motion seeking to recuse him from presiding over petitioner Petito’s criminal trial because the judge had filed a grievance against the petitioner’s lawyer charging him with witness tampering. In his order denying the motion on the grounds that it was legally insufficient, the judge explained: “Attorneys are required [e.o.] by Rule 4-8.3 of the Rules Regulating The Florida Bar to report suspected misconduct of a fellow attorney to the Florida Bar.”2

We did not require a response from the State because we have Judge Schack’s five page order setting forth…