I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. I’ve tried more than 150 jury trials to verdict in my 25+ years in Hillsborough County courtrooms — almost all of them to six jurors — and our attorneys are now raising and preserving the jury-size issue in cases across Tampa Bay while the Supreme Court decides.

How Many Jurors Sit on a Florida Criminal Jury?

Six — unless the charge is a capital one, such as first-degree murder. Section 913.10, Florida Statutes, sets the number:

That means a person facing decades in prison on a robbery, trafficking, or attempted murder charge in Florida gets half the jury a shoplifting defendant would get in most other states — and half the jury any defendant gets in federal court across the street. The verdict must still be unanimous: all six jurors must agree to convict.

The Brancato Law Firm, P.A. — Tampa trial defense — (813) 727-7159

According to the federal Defender Services Office, Florida is one of only six states that still use fewer than twelve jurors in at least some criminal trials — and Florida applies the six-person jury more broadly than any of them, to every noncapital crime on the books. Our attorneys try cases in front of these six-person panels every year, and the arithmetic matters: with six jurors, a defendant needs to reach just one less skeptical mind, but also gets far fewer chances that someone on the panel sees the case the way the defense does.

Which Florida Cases Actually Get a Twelve-Person Jury?

Capital murder cases — and that entitlement holds even when the State chooses not to seek the death penalty. In State v. Griffith, 561 So. 2d 528 (Fla. 1990), the Florida Supreme Court held that a prosecutor “cannot, by electing not to seek the death penalty, change the classification of an offense from capital to noncapital” — so a defendant indicted for first-degree murder keeps the statutory right to twelve jurors unless that right is waived, something the defense should never let happen by accident.

The “capital felony” label alone, though, is not what controls. Capital sexual battery — despite carrying that label — is tried to a six-person jury unless the State is actually seeking the death penalty, because Florida defines a capital case for jury purposes as one where death is a possible punishment. State v. Hogan, 451 So. 2d 844 (Fla. 1984); Phillips v. State, No. 1D19-0470 (Fla. 1st DCA Apr. 23, 2021). Sit with what that leaves: charges carrying mandatory life — trafficking with decades of minimums, attempted murder, armed robbery, capital sexual battery itself — are decided by six people. In our felony practice across the 13th Judicial Circuit, the twelve-person jury is a genuine rarity, which is exactly why the question the Supreme Court just agreed to answer reaches nearly every serious case in this state.

Is a Six-Person Jury Legal?

Yes — for now, because of a case that came out of Florida itself. In Williams v. Florida, 399 U.S. 78 (1970), the U.S. Supreme Court held that “the 12-man panel is not a necessary ingredient of ‘trial by jury,’” and that Florida’s six-person jury did not violate the Sixth Amendment. The Court reasoned that the number twelve was a historical accident rather than a functional necessity, and that what matters is whether the jury is large enough to promote group deliberation, resist outside intimidation, and represent a cross-section of the community.

Eight years later, the Court drew the floor. In Ballew v. Georgia, 435 U.S. 223 (1978), it struck down Georgia’s five-person jury, concluding — based on a body of empirical studies — that “the purpose and functioning of the jury in a criminal trial is seriously impaired, and to a constitutional degree, by a reduction in size to below six members.” So the line has sat at six ever since: five is unconstitutional, six is permitted, and Florida has stayed at the constitutional minimum for over half a century.

Why Does Jury Size Matter?

Because the research the Supreme Court itself relied on in Ballew shows smaller juries deliberate worse. The Ballew Court found that as juries shrink, they are less likely to have members who remember each important piece of evidence, less able to counterbalance individual jurors’ biases, and less likely to represent a true cross-section of the community — and that smaller panels raise the risk of convicting the innocent.

For the defense, the practical stakes are concrete. A Florida verdict must be unanimous, so every juror is a potential holdout against a weak case — and six jurors means half as many people who might catch the flaw in the State’s evidence, half as many life experiences in the room, and far fewer minority voices on any given panel. When our attorneys pick a jury at the Hillsborough County Courthouse, we are choosing six people who will carry the full weight most states spread across twelve. That is exactly the concern now in front of the Supreme Court.

The U.S. Supreme Court Is Reconsidering: Kian v. Florida

On June 15, 2026, the United States Supreme Court granted certiorari in Kian v. Florida, No. 25-6623, to decide whether a defendant is deprived of his Sixth and Fourteenth Amendment rights “to a trial by a 12-person jury when the defendant is charged with a serious felony.” The case comes out of Florida’s Fourth District Court of Appeal, where Hamed Kian was convicted by a unanimous six-person jury of five felony counts of practicing chiropractic medicine with a suspended license. It asks the Court to reconsider Williams itself.

Challengers have been knocking on this door for years. Florida’s appellate courts have repeatedly rejected six-person jury challenges — the Fourth District did so again in Gonzales v. State, No. 4D2025-2161 (Fla. 4th DCA Aug. 26, 2026), citing its earlier decision in Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), and the U.S. Supreme Court declined to take the issue up as recently as 2024 in Cunningham v. Florida, 144 S. Ct. 1287 (2024). But those same August 2026 opinions now add three words that tell you everything about where this is heading: “But see Kian.” The Court that would not hear the issue two years ago has now agreed to hear it, with argument expected in the October 2026 term.

Here is the road that led there:

The Brancato Law Firm, P.A. — (813) 727-7159

Ramos matters in this story for a reason: in Ramos v. Louisiana, the Court overruled decades of tolerance for non-unanimous verdicts because history and the jury’s function demanded it. The Kian petition asks the Court to apply that same reasoning to jury size. No one knows how Kian will come out — but the Court does not take cases like this to leave everything as it is.

What Happens to Florida Cases While Kian Is Pending?

Six-person juries remain fully legal, and Florida courts are still bound by Williams until the Supreme Court says otherwise. Florida’s appellate courts made that explicit this summer: in Rogers v. State, No. 6D2025-0883 (Fla. 6th DCA June 29, 2026), the court refused to let a defendant add the jury-size issue after briefing closed, holding that claims based on a cert grant “are speculative and premature” — and, critically, that a defendant who never raised the issue has waived it.

That waiver holding is the practical heart of this entire subject. Rogers also acknowledged the other side of the coin: if the Supreme Court announces a new rule, defendants whose appeals were already final “could seek post-conviction relief to the same extent as any other person” — but whether a new rule would apply retroactively to final cases is a separate question Florida courts would have to resolve. New rules generally apply to cases still pending on direct review; they reach final convictions only through a much narrower retroactivity doctrine. In plain terms: the people best positioned to benefit from a defense win in Kian are the ones whose lawyers put the objection on the record before their case became final.

How Do You Preserve the Jury-Size Issue in Your Case?

By putting it on the record at every stage — even though today’s courts will deny it. When our firm handles a felony case heading to trial while Kian is pending, preservation looks like this:

1. Demand a twelve-person jury in writing before trial. The motion will almost certainly be denied under Williams and § 913.10 — the point is the record.
2. Object when the six-person panel is sworn. A contemporaneous objection anchors the issue at trial, where appellate courts require it to be made.
3. Raise it in the opening brief on appeal. Rogers shows what happens when it appears late: waiver, no matter what the Supreme Court does afterward.
4. Track finality. A case pending on direct review when Kian is decided stands on far stronger ground than one that became final the month before — timing decisions, including whether to seek rehearing, can matter.

None of this costs the defense anything, and all of it is insurance. Our attorneys are building these records now in Hillsborough, Pinellas, and Pasco County cases, because the cheapest issue to preserve is the one you preserve before the law changes.

Facing a Felony Trial in Tampa Bay While Kian Is Pending?

If you or a family member has a felony case heading toward trial, this is a moment when the calendar itself is a defense consideration. The jury that decides the case, the objections made before it is sworn, and the timing of the appeal could all look different a year from now. Call The Brancato Law Firm at (813) 727-7159 — our attorneys can evaluate whether the jury-size issue belongs in your case and make sure nothing is waived while the Supreme Court decides.

Frequently Asked Questions: Florida Jury Size and Kian v. Florida

How many jurors are on a jury in Florida?

Six, in every criminal case except capital cases, which get twelve. Fla. Stat. § 913.10. In our Tampa Bay trials, that means six jurors decide felonies carrying decades of prison exposure.

Does a Florida jury verdict have to be unanimous?

Yes — all six jurors must agree before a defendant can be convicted, and a single holdout means no conviction. That unanimity requirement is one reason jury selection is where our attorneys invest so heavily in every trial.

What is Kian v. Florida?

Kian v. Florida, No. 25-6623, is a U.S. Supreme Court case, accepted for review on June 15, 2026, that will decide whether trying a serious felony to a six-person jury violates the Sixth Amendment. It asks the Court to reconsider Williams v. Florida, the 1970 decision that approved Florida’s six-person jury.

Is a six-person jury unconstitutional?

Not under current law — Williams v. Florida upheld six-person juries in 1970, and Florida courts remain bound by it while Kian is pending. Five-person juries, however, have been unconstitutional since Ballew v. Georgia in 1978. We treat the question as live and preserve it in our clients’ cases.

If the Supreme Court strikes down six-person juries, will it apply to old cases?

Nobody knows yet — new constitutional rules generally apply to cases still pending on direct appeal, while reaching already-final convictions requires a separate retroactivity ruling. That uncertainty is exactly why preserving the issue now matters so much; The Brancato Law Firm is doing that in pending cases rather than betting on retroactivity later.

How long has Florida used six-person juries?

Well over a century — the Florida Supreme Court upheld the six-person jury as early as 1877 in Gibson v. State, 16 Fla. 291, and the U.S. Supreme Court’s nationwide approval of the practice in 1970 came in a Florida case, Williams v. Florida. In our experience, most clients are surprised to learn the tradition is that old — and that it has never before faced the direct reconsideration it faces now in Kian.

Can my lawyer demand a 12-person jury in Florida right now?

Yes — the demand will be denied under current law, but making it in writing and objecting at trial is what preserves the issue if Kian changes the rule. The attorneys of The Brancato Law Firm, P.A. build that record in felony cases heading to trial. Call (813) 727-7159 for a free, confidential consultation.

For more about our defense strategies, visit our Hillsborough County Criminal Defense page.

Related reading: How Trial Preparation Builds a Stronger Defense · How to Decide Whether to Accept a Plea Bargain · How Does a Bond Hearing Work in Tampa? · The Complete Guide to Homicide Charges in Florida

The Law May Be About to Change — Your Record Should Be Ready

Kian v. Florida will likely be argued this term, and the defendants who benefit will be the ones whose lawyers preserved the issue before the decision came down. If you’re facing a felony charge in Hillsborough, Pinellas, or Pasco County, call the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — at (813) 727-7159. What goes on the record before your trial may decide what relief is available after the Supreme Court rules.

Brancato Law Firm, P.A., 620 E. Twiggs Street, Suite 205, Tampa, FL 33602

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

At The Brancato Law Firm, P.A., we have seen firsthand how cases can spiral out of control without early and aggressive legal help. If you are under investigation or police have arrested you in Tampa, protecting yourself is not just important—it is essential. You need a skilled Tampa defense lawyer for innocent individuals on your side.

Why even innocent people need experienced legal representation in Tampa

1. The System Doesn’t Always Assume Your Innocence

The law states you are presumed innocent until proven guilty. However, the reality in Tampa courtrooms can differ. Police, prosecutors, and even judges may form early opinions based on incomplete information. Once police make an arrest, the system often moves forward assuming the charges are legitimate.

Without a skilled Tampa criminal defense lawyer challenging the government’s evidence, your innocence alone may not stop the case.

2. People Can Twist Your Innocent Statements Against You

Many people believe that fully cooperating with law enforcement will quickly clear things up. However, others can easily twist innocent statements, take them out of context, or misunderstand them. Once someone records your statement, undoing any damage becomes nearly impossible.

An experienced Tampa defense lawyer protects you. We:

• Prevent damaging interviews with law enforcement.
• Advise you on what to say and what not to say.
• Challenge improper questioning or unconstitutional searches by police.

Our goal is not just to help you tell your side of the story. We aim to protect you from misunderstandings or wrongful accusations based on your own words.

3. Mistaken Identity and False Accusations Happen Frequently

Prosecutors in Tampa often base criminal charges on mistaken identifications, unreliable witnesses, or false allegations. Even if you know you did nothing wrong, you cannot assume the system will automatically figure that out.

You need a strong defense to:

• Expose false or unreliable evidence presented by the prosecution.
• Challenge improper police procedures during the investigation.
• Identify and preserve evidence that proves your innocence (exculpatory evidence).

At The Brancato Law Firm, P.A., we have successfully defended Tampa clients who were completely innocent. Without our aggressive action, they could have faced wrongful conviction.

4. Your Attorney Must Properly Preserve and Present Evidence of Innocence

Innocence alone does not automatically lead to a dismissal in Tampa courts. Your defense attorney must actively gather, preserve, and present the evidence that proves your innocence. Without an attorney demanding surveillance videos, subpoenaing witnesses, or filing critical motions, you could lose important evidence.

Time is critical. The earlier you hire a lawyer to protect your interests, the stronger your defense becomes.

5. Tampa Prosecutors Are Not Your Advocates

Prosecutors work to seek justice, but they are not there to defend you. Their job is to prosecute cases. Once they file charges in Hillsborough County, they will aggressively pursue a conviction unless your lawyer effectively challenges them.

Your Tampa criminal defense lawyer is your only true advocate in the system. We are ethically bound to fight for you and protect your rights every step of the way.

Real-World Example: Protecting an Innocent Client in Tampa

Tampa Attorney Rocky Brancato defended a client whom someone falsely identified in a sexual battery case here in Tampa. Although our client was innocent, the State pressed forward. They based their case on a misidentification and a cold DNA hit. Through our extensive investigation, DNA analysis, and expert consultation, we proved our client was not the perpetrator. The court ultimately dismissed all charges.

Without immediate legal action from a dedicated Tampa defense lawyer, even innocent clients face tremendous risks.

Conclusion: Innocence Is Not Enough in the Tampa Justice System

The criminal justice system in Tampa is complicated, fast-moving, and often feels unfair. Being innocent is not enough to guarantee your protection. You need an experienced Tampa criminal defense lawyer. Your lawyer stands between you and the government, protects your rights, and ensures the court hears the truth.

If you or someone you love faces criminal charges in Tampa, Ybor City, Brandon, or anywhere in Hillsborough County, contact The Brancato Law Firm, P.A. immediately. Your future depends on it.

Call The Brancato Law Firm today at (813) 727-7159 for a confidential consultation. Serving Tampa, Ybor City, South Tampa, Brandon, and all of Hillsborough County.

When a Tampa court denies your right to adequate time to prepare your defense, the consequences can be devastating. Tampa Criminal Defense Attorney Rocky Brancato and The Brancato Law Firm, P.A. have spent more than 25 years fighting for clients’ rights throughout Hillsborough, Pinellas, and Pasco Counties—including the right to a continuance when circumstances demand it. We don’t just defend against charges; we defend your right to a real defense.

What Happened in Surratt v. State?

In Surratt v. State, Amanda Surratt faced aggravated child abuse charges. Her defense relied entirely on a respected radiology expert prepared to testify that a medical condition—not abuse—caused the child’s injuries. However, just as the trial began, the expert canceled her travel plans due to unforeseen circumstances.

Surratt’s legal team filed a motion asking the court to allow the expert to testify remotely. The judge denied it. When her attorneys asked for a short continuance so the expert could appear in person, the judge denied that request as well. Consequently, without her expert, Surratt had no way to present her defense to the jury. The jury convicted her, and the judge sentenced her to thirty years in prison.

Why the Right to a Continuance Matters in Tampa Criminal Cases

The reality is simple: the legal system does not give every defense a fair chance to present its case—unless the defense attorney fights for it at every step. In criminal cases, expert testimony can make or break the defense. Whether it’s a medical expert explaining injuries, a forensic specialist challenging evidence, or a mental health professional testifying about a defendant’s state of mind, experts provide the jury with critical information that can change the outcome.

When a court blocks expert testimony or denies adequate preparation time, it robs the accused of a real defense. Moreover, defense counsel can preserve these errors for appeal—but only if they know how to properly object and document the court’s rulings.

When Florida Courts Should Grant a Continuance

Florida courts have discretion to grant or deny continuances, but that discretion is not unlimited. Specifically, courts must consider the defendant’s constitutional right to present a defense when ruling on continuance motions.

How The Brancato Law Firm Protects Your Right to a Full Defense

When you hire The Brancato Law Firm, you’re hiring a team that treats your defense like our own life is on the line. As a former police academy instructor who trained officers on criminal procedure and courtroom testimony, I understand how courtroom dynamics work—and I know how to navigate unexpected obstacles during trial.

Why Tampa Defendants Choose The Brancato Law Firm

Frequently Asked Questions About Continuances in Florida Criminal Cases

Questions About the Right to a Continuance

Questions About Expert Witnesses and Trial Strategy

Your Defense Deserves a Fighting Chance

Contact Tampa Criminal Defense Attorney Rocky Brancato Today

The stakes are too high to leave anything to chance. Choosing the right defense attorney could mean the difference between prison and freedom. If you need a criminal defense attorney who will fight for your rights at every stage—pretrial, trial, and appeal—we are ready to help.

Every day you wait is a day closer to trial without adequate preparation. Your freedom is at stake.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

25+ Years of Criminal Defense Experience | Former Chief Operations Officer, Hillsborough County Public Defender’s Office

Related: More from The Brancato Law Firm

• Tampa Criminal Defense Attorney
• Attorney for Disqualification of Trial Judge Tampa
• Why Your Lawyer Must Object Immediately Tampa
• Tampa Sex Crimes Defense Lawyer

If you are facing criminal charges in Tampa or Hillsborough County, you likely feel like your case is dragging on forever. Months—or even years—can pass before you get your day in court. Even though Florida’s speedy trial rule has been gutted, you still enjoy a constitutional right to speedy trial in Florida.

The U.S. Constitution and the Florida Constitution both guarantee your right to a speedy trial. Furthermore, this right is now more important than ever.

Recent changes to Florida’s procedural rules (effective July 1, 2025) have severely weakened the automatic “Speedy Trial by Rule.” Consequently, skilled defense attorneys must return to the basics: The Sixth Amendment of the U.S. Constitution.

I am Rocky Brancato. For over 25 years, I have fought for the rights of the accused in Tampa Bay. If the State has unreasonably delayed your case, I know how to use the Constitution to demand a dismissal. Hiring the right Tampa Criminal Defense Attorney can make all of the difference in your case.

The Critical Shift: “Rule” vs. “Constitution”

It is vital to distinguish between the two types of speedy trial rights in Florida.

1. Speedy Trial by Rule (The Old Way)

For decades, Florida Rule of Criminal Procedure 3.191 provided a strict “clock.” If the prosecutor didn’t bring you to trial within 90 days (misdemeanor) or 175 days (felony), we could often get the case discharged. However, on July 1, 2025, the Florida Supreme Court significantly altered this rule, making it much harder to win a dismissal on technical timing grounds alone.

2. Constitutional Speedy Trial (The New Battlefield)

Because the procedural rule has been watered down, we must rely on the Constitutional Right found in the Sixth Amendment (U.S. v. MacDonald). This right applies to all criminal prosecutions. It is not about counting days on a calendar; it is about fundamental fairness.

When Does a Delay Become a Violation? The “Barker” Test

How do we prove your rights were violated? The courts apply a specific “balancing test” established by the U.S. Supreme Court in Barker v. Wingo (1972).

We must prove four key factors to the judge:

1. Length of the Delay

First, we must show the delay was “presumptively prejudicial.”

• The Threshold: Courts generally rule that a delay of one year or more triggers a constitutional review (U.S. v. Greer, State v. Union).
• Florida Precedent: Florida courts have dismissed cases after delays as short as 14 to 17 months (Howell v. State).

2. Reason for the Delay

Why is the case stalling?

• Valid Reasons: Missing witnesses or complex investigations may be valid excuses.
• Invalid Reasons: If the delay is caused by prosecutorial negligence, overcrowding, or an intentional attempt by the State to gain an advantage, you have a strong argument (State v. Jenkins, Seymour v. State).

3. Did You Assert Your Right?

You cannot sit silently and then complain later. We must show the court that we demanded a speedy trial early and often. If you fail to object to the delay, it weakens your claim (State v. Blankenship).

4. Prejudice to the Defendant (The Most Important Factor)

Has the delay actually hurt your defense?

• Have witnesses died or moved away?
• Have memories faded?
• Has key evidence been lost or destroyed?
• Have you suffered anxiety, job loss, or incarceration while waiting?

If the delay impairs your ability to defend yourself, the court is far more likely to dismiss the charges (Doggett v. U.S., Hallman v. State).

The Remedy: Total Dismissal

If we successfully prove these four factors, the remedy is absolute. The judge does not just schedule a trial; the judge must dismiss the case.

Under Barker v. Wingo, dismissal is the “only possible remedy” for a violation of this constitutional right. This means the State drops the charges, and you walk away free.

Common Excuses Prosecutors Use (And How We Fight Them)

When we file a Motion to Dismiss based on speedy trial grounds, prosecutors often offer the same excuses:

• “The case is too complex.”
• “The court docket is overcrowded.”
• “The defendant filed motions that slowed us down.”

However, the Supreme Court has ruled that the government bears the ultimate responsibility for bringing a defendant to trial. Overcrowded courts are the State’s problem, not yours. At The Brancato Law Firm, we challenge these excuses aggressively.

Frequently Asked Questions (FAQ)

What is the new Florida Speedy Trial Rule change (2025)?

Effective July 1, 2025, the Florida Supreme Court changed Rule 3.191. It removed the “automatic” discharge provision that previously allowed defendants to walk free if the State missed the deadline. Now, the remedy is often just forcing the State to start the trial immediately, rather than dismissing the case entirely.

How long is “too long” for a trial in Florida?

Constitutionally, a delay of one year is usually the trigger point to file a motion. However, it depends on the complexity of the case. A complex fraud case might reasonably take longer than a simple DUI.

Does this apply if I am out on bond?

Yes. Even if you are not in jail, a pending criminal charge disrupts your life, employment, and reputation. You still have a right to a speedy resolution (Klopfer v. North Carolina).

Stop the Delay. Call Rocky Brancato.

If your case has been dragging on for months—or even years—you do not have to accept it. The State does not have the right to keep your life on hold indefinitely.

I have over 25 years of experience fighting for defendants in Tampa and Hillsborough County. I know how to hold the prosecution accountable and demand the dismissal you deserve.

The Brancato Law Firm, P.A. 620 E Twiggs Street, Suite 205, Tampa, FL 33602

Call (813) 727-7159 to schedule your consultation.

When Can a Florida Judge Be Disqualified?

Under Rule 2.330 of the Florida Rules of General Practice and Judicial Administration and Section 38.10, Florida Statutes, a judge must step aside if their impartiality might reasonably be questioned. Common grounds include:

• A reasonable fear that the judge is biased or prejudiced.
• The judge, spouse, or close relative has a financial interest in the outcome.
• The judge or relative is a party, lawyer, or material witness in the case.
• The judge previously served as a prosecutor, defense lawyer, or lower-court judge in the same case.
• The judge has personal knowledge or bias concerning disputed facts.

These laws protect the fairness of Florida’s criminal justice system and ensure that every defendant receives a fair trial.

Recognizing Judicial Bias

A motion to disqualify does not require proof of open hostility or bias. The question is whether a reasonable person would fear they cannot receive a fair trial. See Foy v. State, 818 So. 2d 704 (Fla. 5th DCA 2002). Even the appearance of bias can be enough for disqualification. See Rogers v. State, 630 So. 2d 513 (Fla. 1994); Hewitt v. State, 839 So. 2d 763 (Fla. 4th DCA 2003). A well-written motion will objectively explain why this fear is reasonable.

Why Many Lawyers Hesitate—and Why We Don’t

Some defense attorneys hesitate to file a motion to disqualify out of concern it might strain their relationship with the court. At The Brancato Law Firm, P.A., we believe professionalism and advocacy can coexist. Attorney Rocky Brancato has filed numerous motions to disqualify throughout his career. Judges are trained to respect these motions and understand that they are part of ensuring justice. In fact, many cases have improved after a fair-minded reassignment.

Filing a Motion to Disqualify a Judge

Timing is crucial. Florida law requires that a motion to disqualify be:

1. In writing,
2. Sworn to by the defendant,
3. Filed promptly, and
4. Served on the judge with a certification of good faith.

If a judge fails to rule within 30 days, the motion is automatically granted, and the case is reassigned through the blind rotation process used by the Clerk of Court in Hillsborough County.

Strategy in Filing Motions

Strategic judgment plays a major role in when to file. Under Rule 2.330(i), you generally cannot disqualify a successor judge unless they admit bias. Therefore, filing prematurely can limit your future options. A seasoned attorney will know when the motion strengthens your case and when it should be reserved for later.

Real Cases Where Judges Were Disqualified

Florida appellate courts have granted disqualification in cases such as:

• Pierce v. State, 873 So. 2d 618 (Fla. 2d DCA 2004): Judge threatened harsher punishment if the defendant appealed.
• Roberts v. State, 840 So. 2d 962 (Fla. 2002): Judge held private communications with one side.
• Livingston v. State, 441 So. 2d 1083 (Fla. 1983): Bias toward an attorney affected the client.
• Roy v. Roy, 687 So. 2d 956 (Fla. 5th DCA 1997): Derogatory comments about a party.
• Lewis v. State, 530 So. 2d 449 (Fla. 1st DCA 1988): Judge predetermined sentencing.
• Suarez v. Dugger, 527 So. 2d 190 (Fla. 1980): Public comments to the press about the case.

However, disliking a judge’s rulings is not enough for disqualification. See Thompson v. State, 759 So. 2d 650 (Fla. 2000).

What Happens After a Judge Is Disqualified?

When a motion is granted, a new judge is assigned by random rotation. If previous rulings from the disqualified judge are contested, your attorney must file a motion for reconsideration within 30 days. Having experienced legal counsel ensures that all deadlines and procedural steps are handled effectively.

What If the Motion Is Denied?

If the motion is denied, you can seek review by filing a writ of prohibition with the Florida Second District Court of Appeal. This writ prevents the disqualified judge from continuing to preside over the case. In death penalty cases, review may go directly to the Florida Supreme Court. The appellate court reviews such motions de novo, meaning it re-examines the issue without deference to the trial court.

Why Choose The Brancato Law Firm, P.A.?

A biased judge can alter the outcome of a case. At The Brancato Law Firm, P.A., we bring a combination of experience, strategy, and persistence to every motion and trial. Attorney Rocky Brancato has more than 25 years of experience in criminal defense and has handled complex cases from judicial disqualification to death penalty litigation. Our firm’s reputation is built on fairness, preparation, and unwavering advocacy.

Call (813) 727-7159 today or visit us at 620 E Twiggs Street, Suite 205, Tampa, FL 33602, to schedule a confidential consultation.

Frequently Asked Questions About Judge Disqualification in Florida

What is a motion to disqualify a judge in Florida?

A motion to disqualify asks for a new judge when there is a reasonable fear that the current judge cannot remain impartial. Florida law allows this motion when personal bias, prior involvement, or a conflict of interest could affect fairness.

How long does a judge have to rule on a motion to disqualify?

Under Rule 2.330, a judge has 30 days to rule on the motion. If the judge fails to respond in that time, the motion is automatically granted, and the case is reassigned to a new judge through a random rotation system.

Can you appeal if your motion to disqualify is denied?

Yes. If the motion is denied, you can file a writ of prohibition with the appellate court. This writ prevents the original judge from continuing to handle the case if the appellate court agrees that disqualification is warranted.

Does filing a motion to disqualify hurt your case?

No. Judges are trained to handle disqualification motions professionally and not take them personally. A strong, fact-based motion protects your right to a fair trial without harming your standing in court.

Should I hire a lawyer for a judicial disqualification motion?

Absolutely. Disqualification motions are highly technical and time-sensitive. Attorney Rocky Brancato and The Brancato Law Firm, P.A. know how to draft, file, and argue these motions effectively to safeguard your right to an impartial judge.