On the other hand, under the common law, legislators enjoy absolute immunity in their official functions,8 and judges likewise enjoy absolute immunity from civil liability for their official functions so long as they are not utterly lacking in jurisdiction.9 Absolute immunity for judges means that they may not be sued for their wrongful judicial behavior, even when they act for purely corrupt or malicious reasons.10
The doctrine of judicial immunity is deeply entrenched in our legal system. It has been used to guard judges from common law causes of action, including false imprisonment,11 malicious prosecution,12 and libel,13 as well as from statutory causes of action for the deprivation of civil liberties and constitutional rights.14 This immunity, however, does not apply to disciplinary actions against judges for violations of the professional and ethical standards that pertain to their conduct. This Article examines the doctrine of judicial immunity in the civil and criminal spheres. It analyzes the application of judicial immunity, as well as its limits, and appraises the notion that judicial immunity must be absolute to be effective.
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Source: (San Diego Law Review. Jeffrey M. Shaman)