Can You Fire Your Judge? (When the Referee Picks a Side)

By: John Guidry

Everybody knows somebody who simply, for whatever reason, has their mind made up about something—and no amount of discussion will change that fact.

We all know people who mindlessly support their “team” in politics. Yet, when it comes to judges, they are supposed to set aside their emotions and play referee. Sure, they may root for one team or the other in their private lives, but when they referee the game, they are supposed to be neutral.

Unfortunately, things don’t always go as planned. The case of Keating v. State, 110 So. 3d 538 (Fla. 4th DCA 2013), lays out exactly what happens when a judge decides the verdict before the game even starts.

Is your judge ignoring the evidence and relying on police reports?

You have the right to a neutral referee. Call John today at (407) 423-1117.

The Case: The Judge Who Believed Everything He Read

Keating was charged with Possession of Cannabis with Intent to Sell and Possession of MDMA.

• The Opportunity: Both charges were third-degree felonies, which qualified Keating for the Felony Drug Court Program.
• The Process: The State Attorney didn’t object. Keating wanted in. All the judge had to do was review the request.

The Problem: The judge read the police report (Probable Cause Affidavit) and decided that Keating was actually selling MDMA.

• Fact Check: Keating was not charged with selling MDMA.
• The Shutdown: When Keating’s attorney begged to present sworn testimony to clarify the record, the judge refused. He denied the transfer to Drug Court based solely on the police report and denied all requests for a hearing.

A Note on Police Reports: You shouldn’t believe everything you read. Any judge who simply reads a police report and believes every word concerns me—just as any judge who believes everything a defendant says would concern me.

The Solution: Motion to Disqualify

We pay our judges to call balls and strikes, that’s it. This judge denied Drug Court without hearing testimony and without permitting argument. So, Keating’s attorney filed an appeal requesting that the judge be thrown off the case (technically, a Motion to Disqualify).

The Standard: Under Florida Rule of Judicial Administration 2.330, you can disqualify a judge if you have a “reasonable belief” that you will not receive a fair trial because of specific prejudice or bias.

You can’t fire a judge just because they ruled against you (an “adverse ruling”). But you can fire them if they refuse to even listen.

The Ruling: “Refusing to Listen is Bias”

The Appeals Court agreed and disqualified the judge. They held:

“A trial court’s adverse ruling is not alone sufficient to require disqualification, but where a court enters an adverse ruling without allowing a party a fair opportunity to present evidence or argument regarding a significant issue, disqualification may be required.”

Because the judge shut down the hearing and relied on unproven allegations in a police report, Keating had an “objectively reasonable basis to fear” that the judge was biased.

John’s 2026 Update: The Rise of “Problem-Solving Courts”

Note: In 2026, Drug Courts are even more common, as are Veterans Courts and Mental Health Courts.

1. The “Gatekeeper” Judge As these diversion programs expand, judges act as “gatekeepers.” If a judge arbitrarily blocks you from Drug Court (which offers a dismissal of charges) because they “don’t like your face” or “read something bad in the report,” they are denying you a massive opportunity.

• Keating remains the primary weapon we use to force judges to hold proper hearings for entry into these programs.

2. The “Zoom Mute” Problem In the age of Zoom court hearings, it is easier than ever for a judge to cut off a defendant by simply hitting “Mute.”

• Warning: If a judge mutes your attorney while they are trying to proffer evidence for a motion, that is arguably the same as the Keating violation. They are denying you the opportunity to present evidence. This can be grounds for disqualification.

3. Bias Must be “Objective” Remember, you can’t disqualify a judge just because they are grumpy or strict. You need a transcript showing they prejudged the facts before hearing the evidence.

Stuck with a Biased Judge?

If your judge has made up their mind before the hearing even starts, you don’t have to just take it. We can file a Motion to Disqualify and get a new, neutral referee.

Call me at (407) 423-1117. Let’s get a fair hearing.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.