Can A Judge Ever Be Held Liable For His Or Her Decision?

Question

I have heard it said that a judge only makes a decision (without a jury present)on what he has heard, therefore is not responsible for any other mitigating circumstances that may occur or that has occured due to his ignorance or from his lack of forsight or from that which has or has not been presented befor him. Then what makes him more "God Like" than the rest of us? What has he heard or learned that the rest of us have not been privy to?

Answer 1

As a general rule a judge cannot be held liable for his decision. This is to insulate the officer of the bench from the possibility of endless countersuits and complaints by the losing litigants.

An error in judgement does not necessarily make the judge liable especially if the case involves a difficult question of law. But the erroneous decision may be reversed by proper action either by way of motion for reconsideration or recourse to a higher court in the form of an appeal.

However, a judge can be held liable for an erroneous judgement when the act is blatant, oppressive, and flagrantly misguided in such manner that even an odrinary person applying common sense would know that the decision is completely erratic. If the error clearly demonstrates ignorance, of the failure of the judge to know the elementary rules which are expected of him as a judge to know, then he can be held liable for the erroneous decision.

The same can be said when the decision clearly shows that the judge allowed bias or bribery to affect his judgement.

Answer 2

A judge is presumed to be expert on the rules of evidence. He is almost always an attorney with a lot of legal experience. Acting as a judge, he is legally insulated from any repurcussions if he makes incorrect findings, except in the most blatant situations such as taking a bribe.

Answer 3

A judge renders his decision based on the evidence presented to him. He is supposed to know the law and therefore, he is expected to render judgment based on what the law provides. The losing party can not hold the judge personally liable just because the judgment was not in his favor.

Answer 4

A judge for ignorance of the law could be administratively charged for not giving the proper decision. Likewise, if a judge intentionally makes a favorable decision to a party in a case, he could be charged criminally.

Answer 5

It's possible, if he was negligently being distracted from his duties such as in the following story: