Judge assigned to Disney's lawsuit against Ron DeSantis disqualifies himself from presiding over the case

Jun 01, 2023 in "Reedy Creek Improvement District"

Posted: Thursday June 1, 2023 7:00pm ET by WDWMAGIC Staff

Judge Mark E. Walker has disqualified himself from presiding over Disney's lawsuit against Florida Governor Ron DeSantis and the board of the Central Florida Tourism Oversight District.

Walker denied Ron DeSantis' motion to remove him from the case but decided disqualification was required due to a family member owning a small amount of stock in The Walt Disney Company.

The case has now been assigned to 46 year old Orlando-born Republican Judge Allen C Winsor, who was appointed by President Donald Trump in 2019.

Walker said in his order on disqualification.

"Although Defendant's motion to disqualify is without merit, I must consider a separate question of whether I should disqualify myself. On Friday, May 26, 2023, I learned, and later confirmed, that a relative within the third degree of relationship owns thirty shares of stock in Plaintiff's parent corporation, The Walt Disney Company. Upon learning this information, I became obligated to engage in a separate inquiry pursuant to the Code of Conduct for United States Judges to determine if the financial interest of my third-degree relative "could be substantially affected by the outcome of [this] proceeding." I have engaged sua sponte, stemmed from my doubt that I could set aside my resentment of the movant's scurrilous attacks on my family. Of course, in explaining my reasons for disqualification in Kelly, I am certainly not inviting parties to judge-shop by making scurrilous attacks on my family in future cases. I pause to note that the Code of Conduct for Unites States Judges does not impose a duty on judges to inquire into the financial interests of third-degree relatives. See Canon 3C(1)(d)(iii) in that inquiry and determined that disqualification from this proceeding is required under the circumstances.

You can read Walker's full filing here.

In the motion filed May 19, DeSantis claimed that Walker should disqualify himself from the case to "prevent even the appearance of impropriety." The claim relates to two unrelated cases where the Court offered "Disney" as an example of state retaliation.

Walker was nominated to serve as district judge for the United States District Court for the Northern District of Florida by President Barack Obama in 2012 and became chief judge in June 2018.

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peter114358 days ago

No. But it’s the start of the process

MR.Dis8 days ago

Does this mean a new agreement has been reached with Disney? I am trying to read between the lines on just what this is saying.

flyakite8 days ago

castlecake2.021 days ago

Yes

Stripes21 days ago

Has Disney/CFTOD continued to replace the purple direction signage with the new blue color scheme since CFTOD took over?

mkt21 days ago

You're right. The new document will be different. It will be "different" in the way that Chris Gaines was "different" from Garth Brooks or how the drummer from Nirvana is "different" from the singer of the Foo Fighters.

Unbanshee21 days ago

Both are effectively picked by the Governor, just not technically. Look no further than the communications "strategy" with the replacement of Gilzean of the Governor's office getting out ahead of every single step of the process

lazyboy97o21 days ago

The settlement acknowledged the “need” to change the comprehensive plan, which undermines this idea. So too does the lack of an agreement, as the 2032 Comprehensive Plan wasn’t that different than the again in force 2020 Comprehensive Plan.

Brian21 days ago

That's understandable for sure. I just felt inclined to make the distinction due to the ongoing conversation, as the district administrator is selected by the board, while the board is selected by the governor.

mkt21 days ago

The new agreement will be functionally the same as the one Disney was sued over.

pdude8121 days ago

You're right. This has been going on so long I just lumped all the antagonists together.

Brian21 days ago

Not to nitpick, but Gilzean was district administrator, not a board member.

pdude8121 days ago

A bigger risk than keeping Garcia and Gilzean on the board as active disruptors? I don't agree with their decision to stall the federal lawsuit, but I understand why they saw the status quo as a risk to growth over the next few years.

lazyboy97o22 days ago

You don’t think dropping your bargaining power in the middle is the best strategy in a negotiation?