IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 7-14.0 

ORDER CONCERNING ASSIGNMENT OF CASES WHEN

SITTING JUDGE IS A PARTY

WHEREAS, at various times, a judge may be a party in a civil lawsuit; and

WHEREAS, Canon 1 of the Code of Judicial Conduct provides that “A Judge Shall Uphold the Integrity and Independence of the Judiciary,” with the public’s confidence in the integrity and independence of judges being paramount to their deference to judgments and rulings of the courts; and

WHEREAS, Canon 2 provides that “A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge’s Activities;” and

WHEREAS, Canon 3 requires that “A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently;” and

WHEREAS, Canon 3E(1) requires that a Judge disqualify himself or herself in any proceeding “in which the judge’s impartiality might reasonable be questioned…”; it is hereby

ORDERED that when a sitting or senior judge serving in the Tenth Judicial Circuit or a retired judge whose service was in the Tenth Judicial Circuit is a party in a civil lawsuit, with the exception of petitions for writs of mandamus filed in the Circuit Court where the respondent is a County Court judge, each and every judge of the Tenth Judicial Circuit will be deemed to have recused himself or herself from the case and the Chief Judge shall request that the Clerk of the Florida Supreme Court assign a judge outside of the Tenth Circuit to preside over the matter.

DONE AND ORDERED on this 4th day of March 2004.

RONALD A. HERRING
Chief Judge

Distribution:

Each Judge

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