IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 1-37.0

IN RE: PROCEDURE FOR REASSIGNMENT OF CASES

UPON DISQUALIFICATION OR RECUSAL OF JUDGE

WHEREAS, pursuant to Section 38.09, Florida Statutes, "Every judge of this state shall advise the chief judge of the circuit upon the entry of an order of disqualification." And upon receipt of that order the chief judge shall enter an order of assignment in accordance with the Florida Rules of Judicial Administration; and

WHEREAS, Rule 2.050(b)(4), Florida Rules of Judicial Administration, provides that "If a judge is…disqualified in an action…the chief judge or the chief judge’s designee may assign a proceeding pending before the judge to any other judge or any additional assigned judge of the same court"; and

WHEREAS, the Court recognizes the need for a standard procedure for the reassignment of cases, it is therefore

ORDERED AND DIRECTED that:

When a circuit judge enters an order of disqualification or recusal in a case, such order shall be forwarded to the chief judge for reassignment of the case.

When a county judge sitting in Polk County enters an order of disqualification or recusal in a case, such order shall be forwarded to the county court administrative judge for reassignment of the case.

When a county judge sitting in Hardee or Highlands Counties enters an order of disqualification or recusal in a case, such order shall be forwarded to the chief judge for reassignment of the case.

This administrative order shall have immediate effect.

DONE AND ORDERED on this 17^th day of 2004.

RONALD A. HERRING, Chief Judge