Judicial immunity
Encyclopedia
Judicial Immunity is a form of legal immunity which protects judge
s and others employed by the judiciary
from lawsuits brought against them for official conduct in office, no matter how incompetent, negligent, or malicious such conduct might be, even if this conduct is in violation of statutes.
For example, a judge may not be the subject of a slander or libel suit for statements made about someone during a trial, even if the defamatory statements had nothing to do with the trial at hand. Nor may a judge's clerk be sued for negligence
in failing to deliver materials to the judge.
The purpose of judicial immunity is twofold: it encourages judges to act in a "fair and just" manner, without regard to the possible extrinsic harms their acts may cause outside of the scope of their work. It protects government workers from harassment from those whose interests they might negatively affect.
Judicial immunity doesn't protect judges from suits stemming from administrative decisions made while off the bench, like hiring and firing decisions. But immunity generally does extend to all judicial decisions in which the judge has proper jurisdiction, even if a decision is made with "corrupt or malicious intent."
Note, however, that, while the judiciary may be immune from lawsuits involving their actions, they may still be subject to criminal prosecutions. For example, when West Virginia
judge Troisi became irritated with a rude defendant, he stepped down from the bench, took off his robe, and bit the defendant on the nose. He spent five days in jail and was put on probation.
Historically, judicial immunity was associated with the English common law
idea that "the King can do no wrong." (Compare Sovereign immunity
.) Judges, the King's delegates for dispensing justice, accordingly "ought not to be drawn into question for any supposed corruption [for this tends] to the slander of the justice of the King."
In 2006, a proposed Judicial Accountability Initiative Law for Judges, promoted by an organization called J.A.I.L. 4 Judges, sought to eliminate judicial immunity. Sandra Day O'Connor
criticized it as judicial intimidation and the American Bar Association
also opposed it.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s and others employed by the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
from lawsuits brought against them for official conduct in office, no matter how incompetent, negligent, or malicious such conduct might be, even if this conduct is in violation of statutes.
For example, a judge may not be the subject of a slander or libel suit for statements made about someone during a trial, even if the defamatory statements had nothing to do with the trial at hand. Nor may a judge's clerk be sued for negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
in failing to deliver materials to the judge.
The purpose of judicial immunity is twofold: it encourages judges to act in a "fair and just" manner, without regard to the possible extrinsic harms their acts may cause outside of the scope of their work. It protects government workers from harassment from those whose interests they might negatively affect.
Judicial immunity doesn't protect judges from suits stemming from administrative decisions made while off the bench, like hiring and firing decisions. But immunity generally does extend to all judicial decisions in which the judge has proper jurisdiction, even if a decision is made with "corrupt or malicious intent."
Note, however, that, while the judiciary may be immune from lawsuits involving their actions, they may still be subject to criminal prosecutions. For example, when West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
judge Troisi became irritated with a rude defendant, he stepped down from the bench, took off his robe, and bit the defendant on the nose. He spent five days in jail and was put on probation.
Historically, judicial immunity was associated with the English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
idea that "the King can do no wrong." (Compare Sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
.) Judges, the King's delegates for dispensing justice, accordingly "ought not to be drawn into question for any supposed corruption [for this tends] to the slander of the justice of the King."
In 2006, a proposed Judicial Accountability Initiative Law for Judges, promoted by an organization called J.A.I.L. 4 Judges, sought to eliminate judicial immunity. Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
criticized it as judicial intimidation and the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
also opposed it.