Immunity applies to judicial acts within jurisdiction, even where the action was erroneous, malicious, or exceeded authority. It fails only for non-judicial acts or acts in clear absence of all jurisdiction.
It extends to quasi-judicial officers.
Alternative Names:
Judge Immunity|Absolute Judicial Immunity
Why it Matters?
Clear absence of all jurisdiction is a demanding standard distinct from merely acting in excess of jurisdiction, which means a judge who exceeded authority within a subject matter they had is still immune, and only action in an area where the court plainly had no authority at all defeats the immunity. Administrative acts including hiring and firing court personnel fall outside the judicial function.
Frequently Confused with
Related terms
Frequently asked questions
What defeats judicial immunity?
What acts fall outside?
