38.09
Designation of judge to hear cause when order of disqualification entered.
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38.09 Designation of judge to hear cause when order of disqualification entered.—Every judge of this state shall advise the chief judge of the circuit upon the entry of an order of disqualification. An order of assignment shall then be entered as provided by the Florida Rules of Judicial Administration. In the event any judge is disqualified as herein provided, upon application for any temporary writ of injunction or habeas corpus, the judge shall immediately enter an order of disqualification, whereupon the cause may be presented to any other judge of a court of the same jurisdiction as the court in which that cause is pending; and it shall be the duty of any such judge to hear and determine such matters until a substitute judge is so designated.
History.—s. 10, ch. 16053, 1933; CGL 1936 Supp. 4155(9); s. 11, ch. 63-572; s. 20, ch. 73-333; s. 2, ch. 83-260; s. 211, ch. 95-147.
Notes of Decisions
Cited in 2
cases, 1953–1997 · leading case: Long Term Managmt. v. Univ. Nursing Care
Long Term Managmt. v. Univ. Nursing Care (1997)
“The designation of a judge to hear a cause when an order of disqualification has been entered is governed by section 38.09, Florida Statutes, which provides: Every judge of this state shall advise the chief judge of the circuit upon the entry of an order of disqualification.”
In re Advisory Opinion to the Governor (1953)
“These facts present the question of whether the Governor, acting under section 38.09, Florida Statutes [F.S.A.] (there being no provision in said chapter 25574, laws of Florida, acts of 1949, providing for the substitution of judges in case of a disqualification), may assign a…”
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