How to Sue a Judge

PDF download Download Article
PDF download Download Article

Judges are typically immune from a lawsuit. You cannot sue judges for actions they took in their official capacity. For example, a judge who decides a case against you cannot be sued. Only in rare circumstances can you sue a judge. In order to find out if your situation qualifies in the United States, you will need to meet with an attorney. The process discussed in this article applies only to the United States.

Part 1
Part 1 of 2:

Understanding Judicial Immunity

PDF download Download Article
  1. Judges in the United States are immune from suit for any “judicial act” that they perform. This immunity applies even when the judge acts maliciously or corruptly. [1] This is a very broad protection for judges. Generally, the acts a judge performs during your trial or case will be “judicial” and therefore immune. Common judicial acts include: [2]
    • Ruling on motions.
    • Deciding issues, like child custody, alimony, and child support, as well as the outcome of a civil or criminal case when the judge is acting as the finder of fact.
    • Sentencing you or arraigning you for a crime.
  2. Non-judicial acts are those acts which are not normally performed by a judge. [3] Some acts which have been found “non-judicial” include: [4]
    • making repeated racially-charged comments about a party with the hopes of getting people, including the party's attorney, to distance themselves from the party
    • making repeated derogatory comments to the media about a party
    • trying to get a party fired from his or her job
    • physically assaulting one of the parties in the courtroom.
    Advertisement
  3. Because you cannot sue judges except in limited situations, you need to meet with a lawyer to see if your case fits into one of the narrow exceptions to judicial immunity. During a consultation, you can explain the facts of your case, and the lawyer can advise you whether you have a legal case against the judge.
    • You can find a civil rights attorney by visiting your state's bar association, which should run a referral program.
    • You may be worried about the cost of a lawyer. Keep the following points in mind. First, federal law allows some plaintiffs in civil rights lawsuits to recover “reasonable attorneys' fees” if they win. This means that the defendant would have to pay for your lawyer if you prevailed. [5]
    • Second, many civil rights attorneys will represent you on “contingency.” Under this arrangement, the lawyer will not charge legal fees. [6] Instead, you will pay a portion of any amount awarded to you at trial. Although you will still be responsible for court costs (such as the cost of court reporters or filing fees), some lawyers will advance you these costs.
    • If you have a decent case against the judge, then you should hire the attorney to represent you. The judge certainly will have lawyers, so you need professional representation as well.
    4. Advertisement
Part 2
Part 2 of 2:

Suing a Judge

PDF download Download Article
  1. If your attorney thinks that you have a good case, then your lawyer will have to draft a complaint and file it with the appropriate court. The complaint alleges the facts surrounding the dispute, the legal justification for the lawsuit, and your requested relief.
    • The basis of your lawsuit against a judge will probably be that you were deprived of your civil rights. These suits are called “section 1983” cases, which is the section of a federal statute that authorizes them.
  2. The judge will undoubtedly try to get the case dismissed by filing a motion to dismiss. [7] The motion will argue that the judge is protected by judicial immunity, which is absolute. Your attorney will need to argue that the alleged conduct was not judicial in nature and that the lawsuit should proceed.
  3. “Discovery” is a process parties engage in after a lawsuit is filed. They request and exchange information and documents in each other's possession or control. The most common discovery methods include: [8]
    • Requests for Production. You can request that the defendant turn over any document relating to the case. Documents also include electronic documents, such as emails.
    • Interrogatories. You can have the judge answer written questions. Parties answer Interrogatories under oath.
    • Requests for Admission. You can tender specific facts and ask the other party to admit or deny them. Usually, the facts are basic ones, e.g., that you appeared in court on a certain day, that the judge is a judge on a specific court, etc. If the other party fails to deny them in time, then a court can consider the fact deemed admitted at trial.
    • Depositions. In a deposition, your attorney will ask witnesses (including the defendant) questions face-to-face, and the witness will answer under oath and in front of a court reporter.
  4. The judge may also file a motion for summary judgment. This motion argues that there are no issues of material fact in dispute and that the judge is entitled to judgment as a matter of law. [9]
  5. As the victim in the case, you almost certainly will have to testify. Testifying in court can be a nerve-wracking experience for many people. Accordingly, you may want to practice with your lawyer. Your lawyer can pretend to represent the judge's attorney, also, and can ask hard questions to prepare you. When testifying, remember the following tips: [10]
    • Use your own words. Even if you prepare for the testimony with your lawyer, you should not memorize your testimony. Instead, you want to speak naturally, using your own words.
    • Make sure that you can be heard. Speak clearly and use words like “Yes” or “No.” Do not make sounds, like “Uh-huh” to signal agreement or disagreement. Also speak loud enough so that all jurors can hear you.
    • Listen carefully. You want to answer the question asked, so you need to listen closely to what the attorney is asking you. You also do not want to volunteer anything. Only provide the answer to the question asked. If the lawyer needs further clarification, he or she will ask you to clarify.
    • Don't guess. If you are not sure of an answer, don't guess. Say, “I don't remember.”
  6. At the trial, your attorney will try to prove that the judge is guilty of violating your civil rights. You will prove this by introducing documents and questioning witnesses.
    • As the plaintiff, your lawyer will go first. After you present all of your evidence, the defendant judge goes next. Your lawyer will be able to cross-examine the defense witnesses.
    • After all evidence is presented, the jury will retire to decide the case. In federal court, the jury verdict must be unanimous in your favor.
  7. If you lose at trial, then you should ask your attorney about whether or not you want to appeal.
    8. Advertisement

Expert Q&A

Ask a Question
200 characters left
Include your email address to get a message when this question is answered.
Submit
      Advertisement

      Tips

      • You can't sue a judge because the judge was wrong. That's what appeals exist for. In your appeal, you explain how the judge got either the facts or the law (or both) wrong.
        Thanks
        Helpful 0 Not Helpful 2
      Submit a Tip
      All tip submissions are carefully reviewed before being published
      Name
      Please provide your name and last initial
      Submit
      Thanks for submitting a tip for review!
      Advertisement

      Warnings

      • You cannot file frivolous lawsuits against judges (or anyone else for that matter). If you do, then you will be sanctioned.
        Thanks
        Helpful 6 Not Helpful 11
      Advertisement

      You Might Also Like

      How to
      Write a Constitution for School or Personal Project
      How to
      Find Someone
      How to
      Obtain CPS Records
      How to
      Sue a School
      How to
      Register and Legally Use a Pen Name
      How to
      Find Lost or Missing Relatives Online
      How to
      Destroy a Narcissist in Court: 11 Effective Tips
      How to
      File a Missing Person Report in the USA
      How to
      Dispute Wells Fargo Credit and Debit Card Charges
      Are Prank Calls Against the Law?
      12 Resources to Help You Find a Lost Loved One
      How to
      Sign as a Power of Attorney
      Where and Why Collecting Rainwater Is Illegal in the United States
      How to
      Ask For Your FBI File
      Advertisement

      References

      1. ↑ Walton v. Rendlen, 2014 U.S. Dist. LEXIS 127638 (E.D. Mo. 2014)
      2. ↑ Note: What Constitutes a Judicial Act for Purposes of Judicial Immunity?, 53 Fordham L. Rev. 1503
      3. ↑ Note: What Constitutes a Judicial Act for Purposes of Judicial Immunity?, 53 Fordham L. Rev. 1503
      4. ↑ Harris v. Harvey, 605 F.2d 330 (7th Cir. 1979)
      5. ↑ http://www.aele.org/law/2011all04/2011-04MLJ101.pdf
      6. ↑ https://www.freeadvice.com/legal/how-to-choose-the-right-civil-rights-lawyer/
      7. ↑ Monsky v. Moraghan, 947 F.Supp. 53 (D. Conn. 1996)
      8. ↑ https://www.findlaw.com/litigation/going-to-court/filing-a-lawsuit-the-discovery-process.html
      9. ↑ https://www.law.cornell.edu/rules/frcp/rule_56
      1. ↑ http://www.justice.gov/usao-mdpa/victim-witness-assistance/tips-testifying-court

      About This Article

      Article Summary X

      In rare circumstances, you can sue a judge in the United States. Judges are immune to being sued for any judicial acts, like rulings, motions, deciding issues, and sentencings. However, you can sue for non-judicial acts, like making racially-charged remarks, making derogatory comments to the media about a party, trying to get a party fired from their job, or physically assaulting one of the parties in the courtroom. Since suing a judge can be a complicated process, consult with a lawyer to see if your case fits into one of the narrow exceptions to judicial immunity. If the lawyer agrees that you have a case, then draft a complaint and file it with the appropriate court. After the lawsuit is filed, engage in the discovery process, when you request and exchange information and documents to help prove your case. To learn how to prepare for the trial, keep reading!

      Did this summary help you?
      Thanks to all authors for creating a page that has been read 154,621 times.

      Reader Success Stories

      • James Horvath

        Apr 28, 2017

        "When judges completely disregard facts, especially numbers, this seems obviously corrupt. If repeatedly, the facts ..." more
      More reader stories Hide reader stories
      Share your story

      Did this article help you?

      Advertisement