All Topics  
Judicial immunity

 

 
   Email Print
   Bookmark   Link
 

 

Judicial immunity
 
 
  Topics Judicial immunity Topic Home

Judicial Immunity is a form of legal immunity
Immunity (legal)

In law, immunity is the status of a person or body that places them beyond the law and makes them free from law obligations, such as liability for torts or damages or prosecution under criminal law....
 which protects judge
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
s and others employed by the judiciary
Judiciary

In law, the judiciary is the system of courts which administer justice in the name of the Sovereignty or state, a mechanism for the dispute resolution....
 from lawsuits brought against them for official conduct in office.

For example, a judge may not be the subject of a slander or libel suit for statements made about a criminal defendant during a trial. Nor may a judge's clerk be sued for negligence
Negligence

Negligence is a Law concept in the common law legal systems usually used to achieve compensation for injuries . Negligence is a type of tort or delict ....
 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 and it protects government workers from harassment from those whose interests they might negatively affect.

Historically, judicial immunity was associated with the English common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 idea that "the King can do no wrong." (Compare Sovereign immunity
Sovereign immunity

Sovereign immunity, or crown immunity, is a type of immunity that in common law jurisdictions traces its origins from early English law. Generally speaking it is the doctrine that the monarch or state cannot commit a legal wrong and is immune from lawsuit or criminal law; hence the saying, the king can do no wrong....
.) 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." Floyd & Barker, 12 Co.






Discussion
Ask a question about 'Judicial immunity'
Start a new discussion about 'Judicial immunity'
Answer questions from other users
Full Discussion Forum



Encyclopedia


Judicial Immunity is a form of legal immunity
Immunity (legal)

In law, immunity is the status of a person or body that places them beyond the law and makes them free from law obligations, such as liability for torts or damages or prosecution under criminal law....
 which protects judge
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
s and others employed by the judiciary
Judiciary

In law, the judiciary is the system of courts which administer justice in the name of the Sovereignty or state, a mechanism for the dispute resolution....
 from lawsuits brought against them for official conduct in office.

For example, a judge may not be the subject of a slander or libel suit for statements made about a criminal defendant during a trial. Nor may a judge's clerk be sued for negligence
Negligence

Negligence is a Law concept in the common law legal systems usually used to achieve compensation for injuries . Negligence is a type of tort or delict ....
 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 and it protects government workers from harassment from those whose interests they might negatively affect.

Historically, judicial immunity was associated with the English common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 idea that "the King can do no wrong." (Compare Sovereign immunity
Sovereign immunity

Sovereign immunity, or crown immunity, is a type of immunity that in common law jurisdictions traces its origins from early English law. Generally speaking it is the doctrine that the monarch or state cannot commit a legal wrong and is immune from lawsuit or criminal law; hence the saying, the king can do no wrong....
.) 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." Floyd & Barker, 12 Co. Rep. 23, 25, 77 Eng. Rep. 1305, 1307 (Star Chamber 1607).

See also

  • Judicial misconduct
    Judicial misconduct

    Judicial misconduct is a term used to describe judicial: conduct prejudicial to the effective and expeditious administration of the business of the courts; using the judge?s office to obtain special treatment for friends or relatives; accepting bribes, gifts, or other personal favors related to the judicial office; having improper discussions...