On Thursday, October 23, 2025, Law360 reported that Judge J. Layne Smith of Florida’s Second Judicial Circuit has recused himself from multiple cases involving a contentious legal battle between a brother and sister over their deceased mother’s estate. The recusal follows a motion for disqualification filed by the brother’s attorneys, David A. Kemp and Stephen G. Webster, citing remarks made by Judge Smith during a hearing earlier in September.

The controversy stems from a statement Judge Smith made during the hearing, where he reportedly told the attorneys, “I would like to tell the deputy to pull his gun and shoot all three of you.” Kemp and Webster’s motion for disqualification deemed the statement “highly intemperate, inappropriate, and wholly inconsistent with the Code of Judicial Conduct,” further accusing the judge of demonstrating bias, judicial intemperance, and prejudging matters without proper review.

Kemp, an Army veteran who served in Iraq, expressed feeling offended by the judge’s comments, stating, “As an Army veteran who served in a combat zone in Iraq, I have experienced how it feels to be shot at and I find the judge’s comments grossly offensive.” He also noted that neither he nor Webster had received a direct apology from Judge Smith.

In a statement provided to the Tallahassee Democrat, Judge Smith acknowledged his remark as “an impulsive comment from the bench that was unprofessional and out of character,” clarifying that he “did not literally mean the comment, and immediately said so.” He further stated, “I regret my mistake and have already taken responsibility by self-reporting the matter to the state’s judicial disciplinary authority. I apologize to the public and the lawyers involved.”

Judge Smith’s recusal ruling, issued on October 2, stated that he was removing himself from further consideration of the cases “on its own motion and for good and sufficient reason,” requesting the chief judge to reassign the cases to another judge. According to court dockets, the cases have now been assigned to Judge Jonathan Sjostrom.

The contentious hearing on September 23 was convened to address a renewed motion to compel completion of a fact information sheet related to the brother’s attempt to collect on a judgment against the sister, as well as a motion for sanctions against her attorney, Danny Phillips, accusing him of making material misrepresentations in court.

Kemp and Webster’s motion for disqualification detailed that Judge Smith became “visibly frustrated” during the hearing, blaming them for failing to serve an order to show cause on the sister. They also highlighted that the court reporter, situated between the deputy and the attorneys, reacted to the judge’s gun remark by motioning as if she were in the potential line of fire.

The attorneys further argued that Judge Smith’s anger was misplaced, as the court’s order to show cause directed the Wakulla County Sheriff’s Office to serve the order. They also accused the judge of making “demeaning and insulting remarks” throughout the hearing, despite no evidence of misconduct on their part.

Additionally, the motion claimed that Judge Smith had not reviewed the motion for sanctions before the hearing, leading him to state he would “deny everything that ever existed,” which the attorneys argued reflected prejudgment and bias against their client.

Kemp expressed concern that Judge Smith did not recuse himself from all cases involving him and Webster, stating that it would be unfair to his clients to appear before Judge Smith given the perceived bias.

 

 

Source: Law360