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24 votes

Is there any way to hold a judge accountable for the harm caused by a bad decision?

NO If there were no extenuating circumstances (or they should not have been looked at as they were not presented), the losing party can petition for reconsideration and appeal the decision as a matter ...
Trish's user avatar
  • 41.7k
10 votes

Is there any way to hold a judge accountable for the harm caused by a bad decision?

YES There is a way to hold a judge accountable for harm caused by a bad decision: vote him out of office. Judges undergo a retention election every 6 years. The Judicial Performance Evaluation ...
user6726's user avatar
  • 215k
8 votes
Accepted

Which law spells out judicial immunity?

new-zealand The New Zealand Supreme Court describes judicial immunity as "common law doctrine": Judicial immunity is common law doctrine [citing to the English line of case law, including ...
Jen's user avatar
  • 61.5k
7 votes

Can a judge make it case law that 2×2=5?

Appellate judges make holdings on matters of law, and generally defer to the fact-finder in a given case (the jury, or sometimes the judge) on factual matters relevant to a case. So in a case that ...
David Reed's user avatar
6 votes

Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division

It is hard to be specific because the question doesn't clarify what kind of conduct might or might not be subject to judicial immunity and the law, especially the law of exceptions of general rules, ...
ohwilleke's user avatar
  • 225k
5 votes

Are judges immune from prosecution of crimes committed while acting as a judge?

At common law, judicial immunity does prevent judges from being charged with crimes committed while acting as a judge, as well as protecting them from civil lawsuits. But as observed in other answers, ...
sjy's user avatar
  • 9,306
4 votes
Accepted

Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division

Judges violate the law every day. Permitting a lawsuit over every error would cripple the courts.* But ignoring every violation would render the law meaningless. So the courts have established a ...
bdb484's user avatar
  • 60.8k
3 votes

If the US federal government has sovereign immunity, why can it be sued in federal courts?

Yes and No. The Federal U.S. Government as well as each individual state and territory claim Soverign Immunity to a limited degree. In the case of Federal Government, they claim Soverign Immunity to ...
hszmv's user avatar
  • 23k
3 votes

Can a judge make it case law that 2×2=5?

united-states Will the judge not face any disciplinary consequences but just public outcry and reputation damages? The judge will be absolutely immune from civil liability for this decision. A ...
ohwilleke's user avatar
  • 225k
3 votes
Accepted

What limits are there to the powers of individual judges in the United States legal system?

First, the proper immediate action is to - while not leaving the judicial branch - appeal up to the next higher court. In federal courts, the lowest levels are district courts, which issues decisions ...
A.fm.'s user avatar
  • 2,840
3 votes

How deterministic are modern legal systems?

Many decisions of the US Supreme Court have been overruled later. Plessy v. Ferguson (1896), allowed "separate but equal" segregation; overruled by Brown v. Board of Education (1954) Roe v. ...
Someone's user avatar
  • 17.1k
3 votes

How deterministic are modern legal systems?

Not Deterministic The legal system is not very deterministic. There are several points in the process where human judgement, with few explicit rules to constrain it, determines or significantly ...
David Siegel's user avatar
2 votes
Accepted

Can a Court Commissioner be sued for for wrongly charging a crime and issuing an arrest warrant?

Can a Court Commissioner be sued for for wrongly charging a crime and issuing an arrest warrant? No. Court Commissioners have absolute immunity from civil liability arising from their official ...
ohwilleke's user avatar
  • 225k
2 votes
Accepted

Would Trump's lawsuit against Judge Juan Merchan be barred by Spark v. Stumpman?

Trump has filed an Article 78 proceeding in the New York's state courts according to the New York Times which broke the story. While this is a proceeding in the style of a lawsuit against the judge, ...
ohwilleke's user avatar
  • 225k
2 votes

How deterministic are modern legal systems?

In the case of SCOTUS level suits regarding First Amendment Rights. Originally, speech could be restricted by a "Clear and Present Danger" test until Brandenburg v. Ohio overturned that ...
hszmv's user avatar
  • 23k
2 votes

Have there been attempts to manage quality of judicial work?

Poland introduced a judicial disciplinary panel and faced opposition from most of the other EU members.
o.m.'s user avatar
  • 18.9k
2 votes

when immunity is offered in exchange for testimony, how is that not paid testimony and thus ignored?

This is one of the things that the Prosecution is required to inform the defense of under Brady Disclosure and the Defense may raise issue with the testimony being less than reliable in part because ...
hszmv's user avatar
  • 23k
1 vote

Is there any way to hold a judge accountable for the harm caused by a bad decision?

No. Holding a judge accountantable will inevitably lead to injustice, as the judge will weigh every decision not on what the law says or what is fair or best for society, but what will be most ...
jmoreno's user avatar
  • 2,115
1 vote

Have there been attempts to manage quality of judicial work?

In the US, judges get and keep their jobs in a number of different ways: this is how matters of judicial quality (when not involving misconduct) are handled, by voting the bum out of office. For ...
user6726's user avatar
  • 215k
1 vote

Can it be judicial misconduct to not rebut arguments of losing party?

A judge does not have to address every argument raised in their judgement Otherwise every judgement would be absurdly long. All the judgement needs to demonstrate is that the judge turned their mind ...
Dale M's user avatar
  • 215k
1 vote

Is the Court Registrar/Clerk immune to a suit for negligence?

Court Registrars, in the performance of their duties, have the same immunity from civil action as judges i.e. total immunity They cannot be sued: period. Even if they act corruptly or maliciously - ...
Dale M's user avatar
  • 215k
1 vote

How deterministic are modern legal systems?

The non-deterministic nature of the U.S. legal system is openly acknowledged. For example, when the parties to a lawsuit have not yet gone to trial, judges frequently warn the parties against "...
ohwilleke's user avatar
  • 225k

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