The state of Florida’s motion to disqualify a federal judge presiding over Walt Disney Parks and Resorts v Gov. Ron DeSantis et al is premised on a misapprehension of the law and a misstatement of the facts, according to a brief filed in opposition.
“A disqualification motion should be viewed within the larger context of the court’s rulings,” wrote Disney attorneys in their May 25 pleading. “That context here conclusively refutes any suggestion that this Court harbors bias against the Governor or the State.”
Lawyers for DeSantis moved Northern District of Florida Judge Mark Walker to disqualify himself based on comments he made in his capacity as a judge in open court.
“For the governor, who is in this battle against Disney, to question the impartiality and ability of this judge to make a fair decision is inappropriate,” said Santa Rosa Beach attorney Daniel Uhlfelder who is not a party to the litigation. “Certainly, there are times where disqualification is appropriate, and I just don't think this rises to the level of that.”
In their motion to disqualify Walker, attorneys for DeSantis allege that in two unrelated cases, Judge Walker spontaneously offered ‘Disney’ as an example of state retaliation.
“Those remarks — each derived from extrajudicial sources — were on the record, in open court, and could reasonably imply that the Court has prejudged the retaliation question here,” wrote Attorney John Guard, who works in Attorney General Ashley Moody’s office.
At the core of the lawsuit that the Walt Disney Company filed is the accusation that DeSantis instigated a ‘campaign of government retaliation’ against the parks and recreation company and allegedly violated speech that is protected, according to National Public Radio.
Walker vowed to take no further action until he rules on the motion for disqualification.
If he refuses to recuse himself and the state appeals his order, Uhlfelder said it’s likely the case will be placed in abeyance in the lower trial court until the 11th Circuit federal appellate court resolves the issue.
“They don't want, for whatever reason, legitimate or not, to have this judge on this case and it looks like they went to some pretty extensive work to pick apart things that were said in another case to support that,” he said. “I don't think it's an appropriate use of the state's resources to do this.”
Walker was appointed to the federal bench by former U.S. Pres. Barack Obama in 2012.