question about superior court judge.?

Question

a superior court judge realeased a convicted felon from jail one year early. he shot someone. the judge was friends with the felons father.the felon was drinking in front of my house,pulled out his gun and shot at me, when i asked him to leave. he was arrested and maid bail. the judge is now under investigation for favoritism among other things.can i take civil action against the judge for his decision?

Answer 1

Likely not. Under law, a judge is immune from such actions.

Your case sounds justified if the facts are as you presented but can you imagine every criminal ever before a judge suing him because he/she didn't like the judge's decision?

Sounds like the right course is being taken. Cooperate in this investigation. And if the judge is elected in your state and is still in office at the end of his term, see if you can participate in a campaign to defeat him for reelection.

Good luck.

Answer 2

Yes, you can take civil action, but first you should file a complaint with the State Bar Association. They MUST give you a decision, and if its in your favor you then take your favorable decision to civil court for civil action against the judge. Without a Bar Decision in your favor your odds are very poor to win anything against a judge.

Answer 3

No.

ONLY the agency in your State that disciplines judges can do anything.

Judges have ABSOLUTE immunity from civil suit for the actions they take from the bench.

Even if he'd released the guy in exchange for a flat out bribe you couldn't sue him.

Even if he'd jailed you for no reason at all other than that he wanted you out of the way so he could seduce your 8 year old daughter, you couldn't sue him. He could be removed from the bench, he could be disciplined and criminally prosecuted - but you couldn't sue him.

Richard

Answer 4

You can if he is not a judge any longer, so be patient. He is, under the law, liable because it is a misuse of power.