Is it possible to sue a Civil Court Judge? Or are
there any other means to bring charges against a judge
one believes was derelict in her duty as well as
utterly incompetent to be a jud
3 Answers from Attorneys
Judges have absolute immunity from suit in connection with decisions they make on the job, even if they're lousy. I suppose it is another thing if the judge is caught taking a bribe, for example. But, in the context of their judicial decision-making -- "no."
-- Kenneth J. Ashman; Ashman Law Offices, LLC; 156 W. 56th Street, Suite 1902, New York, New York 10019; [email protected]; www.lawyers.com/alo
Why would you want to sue the judge? You may make a complaint to a judicial over sight committee. If this is because you don't like the decision of the judge, that doesn't mean s/he is incompetent.
Suing a judge
In New York Judges have immunity for decisions they make. If you don't like a decision, you have to appeal.
If you feel they are derelict in their duty you can complain to the Head Administrative Judge of the court or file a judicial complaint.
The only time you can have a judge named in a suit is in federal court for violating your constitiutional (ie civil) rights, but then you are really sueing the state or city they work for.