How to Sue a Judge

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: October 21, 2021 References Approved

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

1
Identify judicial acts. 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]
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Walton v. Rendlen, 2014 U.S. Dist. LEXIS 127638 (E.D. Mo. 2014)} 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]
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Note: What Constitutes a Judicial Act for Purposes of Judicial Immunity?, 53 Fordham L. Rev. 1503}
- 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
Realize you may sue for non-judicial acts. Non-judicial acts are those acts which are not normally performed by a judge.^{[3]
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Note: What Constitutes a Judicial Act for Purposes of Judicial Immunity?, 53 Fordham L. Rev. 1503} Some acts which have been found “non-judicial” include:^{[4]
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Harris v. Harvey, 605 F.2d 330 (7th Cir. 1979)}
- 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.
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3
Meet with a lawyer. 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]
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- Second, many civil rights attorneys will represent you on “contingency.” Under this arrangement, the lawyer will not charge legal fees.^{[6]
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  Research source} 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.

Part 2

Part 2 of 2:

Suing a Judge

1
File a complaint. 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
Defend against a motion to dismiss. The judge will undoubtedly try to get the case dismissed by filing a motion to dismiss.^{[7]
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Monsky v. Moraghan, 947 F.Supp. 53 (D. Conn. 1996)} 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
Engage in discovery. “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]
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- 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
Defend against a motion for summary judgment. 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]
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5
Prepare to testify. 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]
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United States Department of Justice
Official website of the U.S. Department of Justice
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- 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
Attend trial. 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
Appeal if necessary. If you lose at trial, then you should ask your attorney about whether or not you want to appeal.

Warnings

You cannot file frivolous lawsuits against judges (or anyone else for that matter). If you do, then you will be sanctioned.

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