http://www.scribd.

com/doc/35727913/38-10-DISQUALIFICATION-OF-
JUDGE-Florida-Statutes

http://www.scribd.com/doc/35727611/Eugene-C-Turner-Disqualification

http://www.scribd.com/doc/35692445/Motion-for-Recusal-of-Def-Eugene-C-Turner

http://www.scribd/Foreclosure_Fraud

http://www.scribd.com/doc/35611989/Eugene-C-Turner-Florida-Bar-
Complaint

http://www.scribd.com/doc/35563611/GRANADA-CONDO-HOMES-
ASSOCIATION-FRAUD-GOV-DOCUMENTS

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al.,

Plaintiffs,

vs. Clerk’s Case Number: 09 02617CC

DR. JORG BUSSE [“BUSSE, J. R.”], et al.

AFFIDAVIT
__________________________________________________________________________/

AFFIDAVIT; MOTION FOR RECUSAL UNDER § 38.10, FLA. STAT., CANON 3E(1),

FLA. R. JUD. ADMIN. 2.330

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

1. Said Rule stated:

(a) Application. This rule applies only to county and circuit judges in all matters in
all divisions of court.
 (b) Parties. Any party, including the state, may move to disqualify the trial judge
assigned to the case on grounds provided by rule, by statute, or by the Code of
Judicial Conduct.

(c) Motion. A motion to disqualify shall:

(1) be in writing;
(2) allege specifically the facts and reasons upon which the movant relies as the
grounds for disqualification;
(3) be sworn to by the party by signing the motion under oath or by a separate
affidavit;”

SECTION 38.10, FLA. STAT.

2. Section 38.10 gives parties the right to move to disqualify a judge when the party fears

that “he or she will not receive a fair trial . . . on account of the prejudice of the judge of that

court against the applicant or in favor of the adverse party.” Fla. Stat. § 38.10. Rule of

Judicial Administration 2.330 specifies that a motion to disqualify must show that “the party

fears that he or she will not receive a fair trial or hearing because of specifically described

prejudice or bias of the judge.” Fla. R. Jud. Admin. 2.330.

3. S. 38.10, Fla. Stat., stated:

38.10 Disqualification of judge for prejudice; application; affidavits; etc.--

Whenever a party to any action or proceeding makes and files an affidavit stating fear
that he or she will not receive a fair trial in the court where the suit is pending on
account of the prejudice of the judge of that court against the applicant or in favor of
the adverse party, the judge shall proceed no further, but another judge shall be
designated in the manner prescribed by the laws of this state for the substitution of
judges for the trial of causes in which the presiding judge is disqualified.

4. Here, Dr. Jorg Busse has been “stating fear that he will not receive a fair trial in the court

where the suit is pending on account of the prejudice of the judge of that court [Eugene C.

Turner] against the applicant. Here, objectively biased and bribed Judge Eugene C. Turner

“shall proceed no further, but another judge shall be designated in the manner prescribed by

2
the laws of this state for the substitution of judges for the trial of causes in which the

presiding judge is disqualified.”

DR. BUSSE’S RIGHT TO APPEAL

5. If the judge denies a motion to disqualify brought under § 38.10 the movant has the right

to appeal. Lynch v. State, ___ So. 2d ___, Nos. SC06-2233, SC07-1246, 2008 WL 4809783,

at *26 (Fla. Nov. 6, 2008). As the Florida Supreme Court recently held: “A motion to

disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by

Florida Rule of Judicial Administration 2.330. Here, Dr. Busse’s motion to disqualify

Defendant objectively partial Judge Turner is citing § 38.10 and Rule 2.330, as well as

Canon 3E(1).

6. The Florida Supreme Court has also held, in effect, that § 38.10 and the Canons require

the same thing. See Livingston v. State, 441 So. 2d 1083, 1086 (Fla. 1983). In Livingston the

court cited the Canon’s requirement that a judge disqualify himself when his “impartiality

might reasonably be questioned” and concluded that it was “totally consistent” with Florida

case law applying § 38.10. Id. Both require disqualification when a party can show “a well

grounded fear that he will not receive a fair trial at the hands of the judge.” Id. (quoting State

ex rel. Brown v. Dewell, 179 So. 695, 697-98 (Fla. 1938)); see also Berry v. Berry, 765 So.

2d 855, 857 (Fla. 5th DCA 2000) (quoting Canon 3E(1) when describing the standard for

granting a motion under § 38.10). Here of course, this Court was bound to follow Florida

appellate court decisions interpreting that state’s law. The final arbiter of state law is the

state Supreme Court, which is another way of saying that Florida law is what the Florida

Supreme Court says it is.

3
 CANON(S) 3E(1), 3E(1)(f), FLORIDA CODE OF JUDICIAL CONDUCT

7. The Florida Supreme Court has adopted a Code of Judicial Conduct

to govern the actions of state court judges and candidates for judicial

office. Canon 3E(1) states, e.g.:

(1) A judge shall disqualify himself or herself in a proceeding in

which the judge’s impartiality might reasonably be
questioned, including but not limited to instances where …

8. Those provisions address situations in which a judge must disqualify himself because his

“impartiality might reasonably be questioned,” including when he has “made a public

statement that commits, or appears to commit, the judge with respect to” a particular party,

issue, or controversy. Canon 3E(1) [general disqualification provision in Canon 3E(1)], 3E(1)

(f) [“commits clause” at Canon 3E(1)(f)].

9. Canon 3E(1), backed by the threat of a disciplinary proceeding, requires a judge to

disqualify himself if his “impartiality might reasonably be questioned.” Fla. Stat. § 38.10,

supplemented by Rule 2.330, allows a party to have a judge disqualified for the same reason.

10. Canon 3E(1)(f), which the Florida Supreme Court adopted in January 2006, covers one

area in which a judge’s “impartiality might reasonably be questioned.” See In re Amendment

to Code of Judicial Conduct, 918 So. 2d 949 (Fla. 2006). In addition to the Florida Supreme

Court, the Judicial Ethics Advisory Committee (Ethics Committee) and the Judicial

Qualifications Commission (JQC) have roles in administering the Code. The Florida

Supreme Court established the Ethics Committee “to render written advisory opinions to

inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.”

Petition of Comm. on Standards of Conduct for Judges, 327 So. 2d 5, 5 (Fla. 1976).

4
11. Canon 3E is enforced by the Judicial Qualifications Commission, which has the

authority to bring disciplinary charges against a judge.

SPECIFIC ALLEGATIONS – WELL-GROUNDED FEARS

12. Here, Dr. Jorg Busse has been specifically alleging the following facts and reasons upon

which the movant relies as the grounds for Defendant County Judge Eugene Turner’s

disqualification. Here, Dr. Busse had well grounded fears that he will not receive a fair

trial at the hands of Defendant objectively partial and bribed County Judge Eugene C.

Turner.

13. Defendant Turner is a named party Defendant. See summons, service on file.

14. Defendant Turner had a conflict of interest, because Turner had invested in bankrupt

Orion Bank, which collected money for the purported Plaintiff Association.

15. In violation of the governing documents, no audits were conducted. Here, Defendant

Turner knew and concealed that the fictitious expenses and/or assessments had been

falsified.

16. The governing documents did not authorize the Plaintiff Association to “assess” more

than 105% …:

“The total of the assessments for recurring common expense shall be not more than
105% of the assessments for this purpose for the prior year unless approved in
writing by apartment owners …”

See O.R. 330, Page 498, 6. Fiscal Management, 6.2. Assessments …

Here, there had been no “approval in writing” and the association falsified “assessments”.

17. Here, Defendant Turner knew and concealed that pursuant to the Governing Association

Documents Dr. Busse had satisfactorily paid his 1/12 share of the actual and necessary

common expenses in full as publicly recorded.

5
18. In violation of the governing documents, the Association President, Julia N. Jackson,

owned more than the allowed one (1) unit. Here, Jackson owned three (3) association

“apartments”. See deeds on file.

19. In violation of the governing documents, the Association President, Julia N. Jackson, was

in California and did not attend association meetings.

BRIBERY WAS ILLEGAL

20. Here, it was unlawful for any Judge to accept bribes…

6
7
8
9
 PUBLICATIONS:

http://www.scribd/Foreclosure_Fraud

http://www.scribd.com/doc/35611989/Eugene-C-Turner-Florida-Bar-
Complaint

http://www.scribd.com/doc/35563611/GRANADA-CONDO-HOMES-
ASSOCIATION-FRAUD-GOV-DOCUMENTS

10