In entering an order of recusal, a South Florida state court judge presiding over a mortgage foreclosure case held that the disqualification motion would have been denied but for the rule that a jurist cannot comment upon its merits, and then proceeded to comment on the merits.
In doing so, Palm Beach Circuit Judge James Nutt ruled that this case, which pits the plaintiff, Bank of America N.A., against a homeowner defendant, Lynn Warshaw, “illustrates how that rule leads to wasteful abuse.”
West Palm Beach Circuit Judge James Nutt. (Courtesy photo)
