Judicial Immunity is a myth created and perpetuated by the judiciary, whose role was to merely interpret the law; not change it.
There is no immunity in the U.S. Constitution, which says only: "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior..."
A little-appreciated fact, particularly among the judiciary, is that NO judicial immunity is absolute.
So, for example, there is no immunity whatsoever for acts outside a judge's jurisdiction. If a judge rubber stamps an order appointing a guardian and conservator for an incapacitated person who did not have proper notice of the hearing, whose known family members did not have proper notice of the hearing, who was prohibited from coming to court by "their" guardian ad litem, whose petitioning attorneys communicated with the court ex parte, directly to the judge or through the law clerk, who are in the wrong court, since the incapacitated person lives in an adjoining jurisdiction, who are victims of judge-shopping or attorney-shopping, the judge can be sued personally, and has no defense to damages.
Another little-appreciated fact is that our public guardianship programs like Jewish Family Service of Tidewater and Catholic Charities of Eastern Virginia do not have ANY immunity from suit, absolute or qualified, not under federal law, and not under state law.
Public guardianship programs have a strict fiduciary duty to the incapacitated person. They are absolutely liable for each and every breach of that fiduciary duty.
Public guardianship programs and the sycophantic GALs who protect them like to claim they "work for the court."
No, they don't. They work for the incapacitated person, and they are in for a rude shock if they continue some of their reckless behavior.
The courts are out of control across the this planet........ Would be nice to see some accountability but until the courts start taking action instead of being the part of the problem and stick to the facts instead of innuendos and hearsay I am afraid it won't happen in this life time.
I believe it was in 1996 that state-court judges, after lobbying their federal brethren, got an amendment passed to the Civil Rights Act, re immunity. But it certainly was not absolute.
5 comments:
Judicial Immunity is a myth created and perpetuated by the judiciary, whose role was to merely interpret the law; not change it.
There is no immunity in the U.S. Constitution, which says only: "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior..."
A little-appreciated fact, particularly among the judiciary, is that NO judicial immunity is absolute.
So, for example, there is no immunity whatsoever for acts outside a judge's jurisdiction. If a judge rubber stamps an order appointing a guardian and conservator for an incapacitated person who did not have proper notice of the hearing, whose known family members did not have proper notice of the hearing, who was prohibited from coming to court by "their" guardian ad litem, whose petitioning attorneys communicated with the court ex parte, directly to the judge or through the law clerk, who are in the wrong court, since the incapacitated person lives in an adjoining jurisdiction, who are victims of judge-shopping or attorney-shopping, the judge can be sued personally, and has no defense to damages.
Another little-appreciated fact is that our public guardianship programs like Jewish Family Service of Tidewater and Catholic Charities of Eastern Virginia do not have ANY immunity from suit, absolute or qualified, not under federal law, and not under state law.
Public guardianship programs have a strict fiduciary duty to the incapacitated person. They are absolutely liable for each and every breach of that fiduciary duty.
Public guardianship programs and the sycophantic GALs who protect them like to claim they "work for the court."
No, they don't. They work for the incapacitated person, and they are in for a rude shock if they continue some of their reckless behavior.
I'm talking to you, Virginia.
I don't think it's myth, though, Anonomous1. It may not actually exists on the books, but it sure does in practice.
The courts are out of control across the this planet........ Would be nice to see some accountability but until the courts start taking action instead of being the part of the problem and stick to the facts instead of innuendos and hearsay I am afraid it won't happen in this life time.
Done!
I believe it was in 1996 that state-court judges, after lobbying their federal brethren,
got an amendment passed to the Civil Rights Act, re immunity.
But it certainly was not absolute.
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