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Title V Chapter 38 View Entire Chapter
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JUDICIAL BRANCH JUDGES: GENERAL PROVISIONS
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CHAPTER 38

JUDGES: GENERAL PROVISIONS

Session: 2011 38.01 Disqualification when judge party; effect of attempted judicial acts.

Bill #: Go 38.02 Suggestion of disqualification; grounds; proceedings on suggestion and effect.

38.03 Waiver of grounds of disqualification by parties.

Session: 2011 38.04 Sworn statement by judge holding himself or herself qualified.

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38.05 Disqualification of judge on own motion.
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38.06 Effect of acts where judge fails to disqualify himself or herself.

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38.07 Effect of orders entered prior to disqualification; petition for reconsideration.

38.08 Effect of orders where petition for reconsideration not filed.

Year: 2009
38.09 Designation of judge to hear cause when order of disqualification entered.
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38.10 Disqualification of judge for prejudice; application; affidavits; etc.

38.12 Resignation, death, or removal of judges; disposition of pending matters and papers.
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38.13 Judge ad litem; when may be selected in the circuit or county court.
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38.22 Power to punish contempts.

38.23 Contempts defined.

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flsenate.gov/Statutes/index.cfm?App_… 1/1
 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.

DR. BUSSE’S RIGHT TO APPEAL

3. 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).

4. 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 questioned” and concluded that it was “totally consistent” with Florida

case law applying § 38.10. Id. Both require disqualification when a party can show “a well

grounded fear that he will not receive a fair trial at the hands of the judge.” Id. (quoting State

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 ex rel. Brown v. Dewell, 179 So. 695, 697-98 (Fla. 1938)); see also Berry v. Berry, 765 So.

2d 855, 857 (Fla. 5th DCA 2000) (quoting Canon 3E(1) when describing the standard for

granting a motion under § 38.10). Here of course, this Court was bound to follow Florida

appellate court decisions interpreting that state’s law. The final arbiter of state law is the

state Supreme Court, which is another way of saying that Florida law is what the Florida

Supreme Court says it is.

CANON(S) 3E(1), 3E(1)(f), FLORIDA CODE OF JUDICIAL CONDUCT

5. Those provisions address situations in which a judge must disqualify himself because his

“impartiality might reasonably be questioned,” including when he has “made a public

statement that commits, or appears to commit, the judge with respect to” a particular party,

issue, or controversy. Canon 3E(1) [general disqualification provision in Canon 3E(1)],

3E(1)(f) [“commits clause” at Canon 3E(1)(f)].

6. Canon 3E(1), backed by the threat of a disciplinary proceeding, requires a judge to

disqualify himself if his “impartiality might reasonably be questioned.” Fla. Stat. § 38.10,

supplemented by Rule 2.330, allows a party to have a judge disqualified for the same reason.

7. Canon 3E(1)(f), which the Florida Supreme Court adopted in January 2006, covers one area

in which a judge’s “impartiality might reasonably be questioned.” See In re Amendment to

Code of Judicial Conduct, 918 So. 2d 949 (Fla. 2006). In addition to the Florida Supreme

Court, the Judicial Ethics Advisory Committee (Ethics Committee) and the Judicial

Qualifications Commission (JQC) have roles in administering the Code. The Florida

Supreme Court established the Ethics Committee “to render written advisory opinions to

inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.”

Petition of Comm. on Standards of Conduct for Judges, 327 So. 2d 5, 5 (Fla. 1976).

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8. Canon 3E is enforced by the Judicial Qualifications Commission, which has the authority to

bring disciplinary charges against a judge.

SPECIFIC ALLEGATIONS – WELL-GROUNDED FEARS

9. Here, Dr. Jorg Busse has been specifically alleging the following facts and reasons upon

which the movant relies as the grounds for Defendant County Judge Eugene Turner’s

disqualification. Here, Dr. Busse had well grounded fears that he will not receive a fair

trial at the hands of Defendant objectively partial and bribed County Judge Eugene C.

Turner.

10. Defendant Turner is a named party Defendant. See summons, service on file.

11. Defendant Turner had a conflict of interest, because Turner had invested in bankrupt

Orion Bank, which collected money for the purported Plaintiff Association.

12. In violation of the governing documents, no audits were conducted. Here, Defendant Turner

knew and concealed that the fictitious expenses and/or assessments had been falsified.

13. The governing documents did not authorize the Plaintiff Association to “assess” more than

105% …:

“The total of the assessments for recurring common expense shall be not more than
105% of the assessments for this purpose for the prior year unless approved in
writing by apartment owners …”

See O.R. 330, Page 498, 6. Fiscal Management, 6.2. Assessments …

Here, there had been no “approval in writing” and the association falsified “assessments”.

14. Here, Defendant Turner knew and concealed that pursuant to the Governing Association

Documents Dr. Busse had satisfactorily paid his 1/12 share of the actual and necessary

common expenses in full as publicly recorded.

4
15. In violation of the governing documents, the Association President, Julia N. Jackson, owned

more than the allowed one (1) unit. Here, Jackson owned three (3) association “apartments”.

See deeds on file.

16. In violation of the governing documents, the Association President, Julia N. Jackson, was in

California and did not attend association meetings.

BRIBERY WAS ILLEGAL

17. Here, it was unlawful for any Judge to accept bribes…

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 PUBLICATIONS:

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