Judicial immunity

Judicial immunity

Judicial Immunity is a form of legal immunity which protects judges and others employed by the judiciary 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 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 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." Floyd & Barker, 12 Co. Rep. 23, 25, 77 Eng. Rep. 1305, 1307 (Star Chamber 1607).


Wikimedia Foundation. 2010.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • judicial immunity — see immunity Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. judicial immunity …   Law dictionary

  • judicial immunity — The absolute protection from civil liability arising out of the discharge of judicial functions which every judge enjoys. Under doctrine of judicial immunity, a judge is not subject to liability for any act committed within the exercise of his… …   Black's law dictionary

  • judicial immunity — The absolute protection from civil liability arising out of the discharge of judicial functions which every judge enjoys. Under doctrine of judicial immunity, a judge is not subject to liability for any act committed within the exercise of his… …   Black's law dictionary

  • judicial immunity — The freedom of a judicial officer from personal liability for his decisions or acts …   Ballentine's law dictionary

  • judicial immunity — protective order granted to judges which means that they cannot be tried in court …   English contemporary dictionary

  • judicial immunity of witness — An exemption from criminal prosecution promised a witness by the court in consideration of his giving testimony that may tend to incriminate him. 58 Am J1st Witn § 93 …   Ballentine's law dictionary

  • immunity — im·mu·ni·ty /i myü nə tē/ n pl ties [Latin immunitas, from immunis exempt from public service, exempt, from in non + munis (from munia services)] 1: exemption from a duty or liability that is granted by law to a person or class of persons a… …   Law dictionary

  • Immunity — Immunity: Medicine Immunity (medical), resistance of an organism to infection or disease. Immunity (journal), a scientific journal published by Cell Press Law Amnesty law, immunity from past crimes Charitable immunity, immunity from liability… …   Wikipedia

  • judicial act — n: an act deriving from the normal exercise of judicial power within the proper jurisdiction used as a criterion for absolute judicial immunity Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • immunity — Exemption, as from serving in an office, or performing duties which the law generally requires other citizens to perform; e.g. exemption from paying taxes. Freedom or exemption from penalty, burden, or duty. Special privilege. See also exemption… …   Black's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”