Sentences with phrase «of judicial immunity»

How does this undermine accepted notions of judicial immunity?

Employers within the regulated professions are certain to retain the benefit of judicial immunity in relation to statutory disciplinary proceedings, but would be well advised to be aware of its limits.

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.

The reasoning that EU law could not displace the common law rule of judicial immunity was held to be unsound, and the cases were remitted to the employment tribunal.

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.»

This was an archetypical case of judicial immunity as it was based on what was said or done during quasi-judicial proceedings, and the claim failed accordingly.

The scope of judicial immunity (as formulated in Darker and Heath) gives immunity «from any action that may be brought against them on the ground that things said or done by them in the ordinary course of proceedings» only.

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

We respectfully suggest that the discipline process is a civil proceeding and thus falls within the protective walls of the Judicial Immunity Doctrine.

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.

The Billingsley Amicus brief argues that as a retired judge he has standing to raise the issue of the Judicial Immunity Doctrine.

Attorneys do not enjoy the protection of the Judicial Immunity Doctrine.

We feel confident that the Supreme Court will proceed with caution and will carefully consider what a destruction of the judicial immunity rule will mean to other judges and to the continued existence of the JCC.

If the special role of the JCC is ignored by the Supreme Court, then the KBA Bar Counsel, the Inquiry Commission and the Board of Governors (who are all made up of lawyers and in some instances private citizens, who do not have judicial experience), will be the reviewing body authorized to review of the conduct of judges and will have to power to rule on the application of the judicial immunity doctrine.

The HRTO moved to dismiss Maula's subsequent discrimination case given that it appeared to invoke the notion of judicial immunity and that it was challenging the decision of an adjudicative process.

«Under the doctrine of judicial immunity, judges and certain judicial authorities are exempt from civil liability for acts undertaken in furtherance of their judicial functions.

Darker and Heath suggested that the courts» application of judicial immunity is extremely robust.

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.

All other states uphold the Doctrine of Judicial Immunity.

If the Supreme Court does not review this jurisdictional issue, then there will be established a precedent which will void the Doctrine of Judicial Immunity.

(This is an unpublished decision but it cites several Kentucky and U.S. Supreme Court decisions which uphold the Doctrine of Judicial Immunity.)

The doctrine of judicial immunity is well - settled under federal and common law and predates the adoption of the current Constitution of Kentucky.

If the court sanctions Judge Bamberger then they will be writing new law which negates the doctrine of judicial immunity and will dangerously expand the jurisdiction of the KBA.

This is exactly the reason that the Doctrine of Judicial Immunity was created many of years ago and applied in every American jurisdiction.

Until now, the Doctrine of Judicial Immunity has protected a judge from claims involving decisions he has made within his jurisdiction.

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.

Ruling on conflicting legal issues is clearly within a judges jurisdiction and is protected by the Doctrine of Judicial Immunity.

«The doctrine of judicial immunity is well - settled under federal and common law and predates the adoption of the current constitution.

We submit the Supreme Court should clarify the jurisdiction of the JCC and the KBA and uphold the Doctrine of Judicial Immunity.

More importantly, if the KBA can sanction a judicial ruling anytime they disagree with the results, the Doctrine of Judicial Immunity will be thereby voided.