38.06

Effect of acts where judge fails to disqualify himself or herself.

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38.06 Effect of acts where judge fails to disqualify himself or herself.—In any cause where the grounds for a suggestion of disqualification, as set forth in s. 38.02, appear of record in the cause, but no suggestion of disqualification is filed therein, the orders, judgments, and decrees entered therein by the judge shall be valid. Where, on a suggestion of disqualification the judge enters an order declaring himself or herself qualified, the orders, judgments, and decrees entered therein by the said judge shall not be void and shall not be subject to collateral attack.

History.—s. 7, ch. 16053, 1933; CGL 1936 Supp. 4155(6); s. 210, ch. 95-147.

Notes of Decisions

Cited in 3 cases, 1990–1997 · leading case: Steinhorst v. State

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Steinhorst v. State (1994) fla · cites it 4× “The State calls our attention to the fact that section 38.06, Florida Statutes (1991), appears to render "valid" any order entered by an otherwise-recusable judge when a party has failed to file a timely suggestion of disqualification.”

Steinhorst v. State (1997) fla · cites it 5× “I recognize however that section 38.06, Florida Statutes (1991), in conjunction with section 38.”

Stein v. Foster (1990) fla · cites it 2× “[5] This is consistent with § 38.06, Fla. Stat. (1987), dealing with the effect of disqualification of judges.”

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