Florida Statutes
Fla. Stat. § 38.05 (2025)
Disqualification of judge on own motion.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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38.05 Disqualification of judge on own motion.—Any judge may of his or her own motion disqualify himself or herself where, to the judge’s own knowledge, any of the grounds for a suggestion of disqualification, as named in s. 38.02, exist. The failure of a judge to so disqualify himself or herself under this section shall not be assignable as error or subject to review.
Notes of Decisions
Cited in 7
cases, 1950–2012 · leading case: Margulies v. Margulies, 528 So. 2d 957 (Fla. 3d DCA 1988).
Margulies v. Margulies, 528 So. 2d 957 (Fla. 3d DCA 1988). “Section 38.05, Florida Statutes (1987), authorizes a judge to disqualify himself where, to his knowledge, there is any ground for recusal.”
St. George Island, Ltd. v. Rudd, 547 So. 2d 958 (Fla. 1st DCA 1989). “When Judge Cooksey ultimately determined to grant the motion he also disqualified himself in related cases, including this one, apparently on his own motion, see section 38.05. [5] Respondents show that Judge Rudd has relied on the second portion of section 38.”
Schlesinger v. Chem. Bank, 707 So. 2d 868 (Fla. 4th DCA 1998). “07, Florida Statutes (1995) is misplaced because that statute applies only to orders entered prior to final judgment or orders entered under section 38.05, which is inapplicable here.”
Driver v. State, 46 So. 2d 718 (Fla. 1950). “02 and such waiver shall be valid and binding as to orders previously entered as well as to future acts of the judge therein; provided, however, that nothing herein shall prevent a judge from disqualifying himself of his own motion under § 38.05. "38.04. Sworn statement by judge…”
Charles v. Dept. of Child. & Families, 914 So. 2d 1 (Fla. 4th DCA 2005). “While section 38.05, Florida Statutes (2004), authorizes a judge to disqualify herself on her own motion, the statute expressly states that a trial judge's failure to sua sponte disqualify herself "shall not be assignable as error or subject to review.”
Schott v. Houcek, 77 So. 3d 919 (Fla. 4th DCA 2012). “1979); § 38.05, Fla. Stat. (2009). MAY, C.J., STEVENSON and GROSS, JJ.”
Warner v. Holmes Cnty., 717 So. 2d 612 (Fla. 1st DCA 1998). “The County did not seek rehearing or review of the determination that co-counsel should be appointed when it was originally made, nor did the County seek reconsideration of the order by the successor judge upon the original judge’s recusal.”
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