Can a Judge Be Disqualified on Basis of Undue Bias Prejudice or Sympathy ?
In Jackson v. State, 599 So. 2d 103, 107 (Fla. 1992), the allegation was that the trial judge's comments "seem to infer a predisposition by [the judge] as to the facts that are expected to be presented at his new trial."
The Court said:
A motion to disqualify must be well-founded and contain facts germane to the judge's undue bias, prejudice, or sympathy.
Gilliam v. State, 582 So. 2d 610, 611 (Fla. 1991);
Dragovich v. State, 492 So. 2d 350, 352 (Fla. 1986).
The fact that a judge has previously made adverse rulings is not an adequate ground for recusal. Gilliam, 582 So. 2d at 611; Suarez v. State, 95 Fla. 42, 115 So. 519 (1928).
Nor is the mere fact that a judge has previously heard the evidence a legally sufficient basis for recusal. Dragovich, 492 So. 2d at 352. Id.
Likewise, the court pointed out that a "mere 'subjective fear of bias will not be legally sufficient, rather, the fear must be objectively reasonable." Arbelaez v. State, 898 So. 2d 25, 41 (Fla. 2005) (quoting Fischer v. Knuck, 497 So. 2d 240, 242 (Fla. 1986)).