Turtle Talk

Strange case, in that lawyers representing two Miccosukee tribal members with a multi-million dollar tort judgment hanging over their heads — lawyers who might or might not be receiving their fees from the tribe — lose their appeal of the trial Court’s decision not to recuse itself. Complicated, too, I guess.

Here is the opinion in Bert v. Bermudez.

An excerpt:

What we have here is a lawyer, and now lawyers, who have acted recklessly and unprofessionally, and are now concerned that their behavior may have tarnished their image. We have, however, reviewed the record and conclude that although the trial court was justifiably frustrated with Mr. Tein’s behavior at the March 19, 2012, hearing, he expressed no views as to Mr. Tein’s credibility, made no comment suggesting he had pre-judged any issue, harbored any bias or prejudice against the defendants, Mr. Lewis, Mr. Tein, or the Lewis Tein law firm, or said anything to support a finding that the petitioners’ fear that they will not enjoy the impartiality and neutrality of the judge in deciding the issues is reasonable. We, therefore, deny the petition, and remind Mr. Tein and Mr. Lewis of their obligations and responsibilities as members of The Florida Bar and as officers of the court.

News coverage here.