Las Vegas, NV asked in Civil Litigation, Criminal Law, Small Claims and Landlord - Tenant for California

Q: Are commissioners,judges, and magistrates along with free help law firms in CA able to supersede being sued?

For all negligence types etc.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, commissioners, judges, and magistrates generally have judicial immunity, which means they cannot be sued for acts performed in their judicial capacity. This immunity extends to decisions they make and actions they take while performing their judicial duties. It's designed to ensure that judges can perform their functions without fear of personal consequences.

However, this immunity is not absolute. If a judge acts outside the scope of their judicial duties or engages in actions that are not related to their judicial role, such immunity may not apply. For instance, actions that are clearly outside of judicial capacity, like personal conduct unrelated to court proceedings, may not be protected.

Regarding free legal aid or pro bono law firms, the situation is slightly different. While they provide legal services, they do not have the same type of immunity as judges. They can be subject to lawsuits, but this is generally in the context of professional negligence or malpractice. If you believe a law firm has not provided adequate representation or has acted negligently, you might have grounds for a legal claim, subject to the specifics of your case.

It's important to consult with an attorney for specific legal advice tailored to your situation. They can provide guidance on the merits of any potential legal action and the applicable laws in your case. Remember, every legal situation is unique and requires individual assessment.

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