Sentences with phrase «by judicial immunity»

On the other hand, if the JCC issues a finding of fact that the complained of actions of the judge were not judicial acts, then the judge should not be protected by judicial immunity.

On the other hand, if the JCC issues a finding of fact that the complained of actions of the judge were not judicial acts, (i.e. a violation of the criminal code) then the judge should not be protected by judicial immunity.

A criminal offense is not a judicial function and therefore is not protected by the judicial immunity doctrine.

In the context of solicitors» disciplinary proceedings, the High Court in Baxendale - Walker v Middleton [2011] EWHC 998 (QB), [2011] All ER (D) 242 (Apr) struck out claims against parties involved in solicitors» disciplinary proceedings against the claimant, as the hearing was covered by judicial immunity and the claims amounted to a collateral attack upon the final decision.

Court reporters are not protected by judicial immunity because their function is not sufficiently adjudicatory.»

Not exact matches

Under Greek law, parliament must first investigate allegations against lawmakers before they can be stripped of immunity and prosecuted by judicial authorities.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

The judges countered with motions to dismiss the lawsuits, arguing that they are protected by the doctrine of judicial immunity.

But the verdict was reduced by the procedural hodgepodge of Maryland Code § 5 - 524 of the Courts and Judicial Proceedings Article that limits the sovereign immunity waiver to the available insurance coverage in car accident cases.

Although s 37 of IA 2005 provides immunity from civil claims for inquiry panel members, s 38 implicitly confirms that that immunity does not serve to preclude judicial review claims in respect of decisions made by a member or members of the inquiry panel.

She appealed to the employment tribunal, claiming disability discrimination and disability - related harassment, but was told her claim was barred by the principle of judicial immunity since the police misconduct body was a judicial body.

«The doctrine of judicial immunity affords state judges absolute immunity for past judicial acts regarding matters within their court's jurisdiction, even if their exercise of authority is flawed by the commission of grave procedural errors.»

(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys immunity from judicial proceedings and is not subject to the jurisdiction of the State Courts».

The US District Court rejected immunity for the official by deferring to the views of the executive while the Canadian case reached the decision on the basis of judicial interpretation of the domestic tort exception to immunity.

Judicial immunity was not being challenged by Lake as he did not seek to bring a claim based on anything that happened at the disciplinary (or its outcome — cf Heath).

Traditionally, such attempts have been roundly rebutted by invoking absolute judicial immunity, which protects those involved in proceedings (or in their preparation) from liability.

This action by the KBA violates the Judicial Immunity Doctrine.

We submit that logic requires that the application of the judicial immunity doctrine should be addressed by the JCC and reviewed by the Supreme Court.

Such a conclusion would result in harassment of all judges and could be used to justify absolute control of the Judiciary by the KBA, and would destroy the Doctrine of Judicial Immunity.

My tendered Amicus brief which was rejected by the Supreme Court was not to seek a vindication for Judge Bamberger, but to uphold the Doctrine of Judicial Immunity.

We respectfully submit that an important jurisdictional issue and constitutional question is presented by this case, and that a failure of the Supreme Court to review the findings of the Board of Governors will have the effect of voiding the Judicial Immunity Doctrine, and will destroy the justification for the existence of the Judicial Conduct Commission.

The question of judicial immunity was properly raised by Judge Bamberger in his brief to the Board of Governors.

A denial of judicial immunity to Judge Bamberger will put every judge in Kentucky under the threat of KBA discipline sanctions if they acted on representations made by the attorneys or parties who appeared before them.

We would suggest that an ethics prosecution by definition is a «civil action», and as long as the actions of the judge were performed as a judicial function that judicial immunity applies.

The willingness of the KBA to totally ignore an evaluation of judicial functions and judicial immunity is clearly supported by their actions against Judge Bamberger.

In such a case, important questions of law affecting the jurisdiction of the Judicial Conduct Commission, and rights of all sitting and all retired judges will be automatically decided in favor of the KBA, and against the interest of the Judicial Conduct Commission, and of the judiciary, by repealing the Doctrine of Judicial Immunity.

The new claim was rejected by the tribunal on the basis that the matters he sought to complain about attracted immunity because they were things said or done in the course of judicial proceedings.

The Rome Statute; The Rules of Procedure and Evidence; The Elements of Crimes; The Regulations of the Court; The Regulations of the Registry; The Code of Professional Conduct for counsel; The Code of Judicial Ethics; The Staff Regulations; The Financial Regulations and Rules; The Agreement on the Privileges and Immunities of the International Criminal Court; Agreement between the International Criminal Court and the United Nations; The Headquarters Agreement with the Host State; Any other material as decided by the Presidency in consultation with the Prosecutor and / or the Registrar.

(b) Acts undertaken by a prosecutor in preparing for the initiation of judicial proceedings or for trial, and which occur in the course of his role as an advocate for the State, are entitled to the protections of absolute immunity.