ASK THE LAWYER Can I sue the judge?

Q The judge in our case has made several wrong decisions and has made comments about both me and my wife that are dishonest. Can we sue him? A

Depending on what has been decided or ruled upon, you may be able to appeal. In addition, you may have a basis to seek to disqualify the judge from further hearing your matter (if you can actually show real bias). But suing the judge for actions taken pursuant to his judicial function will almost certainly be defeated by immunity. There is a long history to the doctrine of judicial immunity, which protects judges even if it may seem unfair in any given instance. When a judge takes action that is outside his role as a judge, then there could be a basis to assert a valid claim. If a judge, for example, tried to influence another judge on a case, or privately engaged in misconduct that harms someone (for example, drunken driving). Otherwise, if what the judge did was part of his job on your case, pursuing a lawsuit against him will face the very formidable judicial immunity defense.

Q Who can become a judge in California? A

A superior court judge in California must be an attorney admitted to practice law here for at least 10 years. There is a written application process (detailed and carefully handled) through the Governor’s Office, by which you may be appointed to a judgeship. Another option is you can run for a judgeship and seek to be elected. when appropriate, taking disciplinary actions against California judges. The commission’s goal is to enforce rigorous standards of judicial conduct and to maintain public confidence in the judiciary. The commission’s authority extends to California’s superior court judges, as well as the justices of the California Court of Appeal and California Supreme Court.

Further, the commission has authority over former judges for conduct prior to retirement or resignation, and for oversight of court commissioners and referees.

You can read about the commission online at cjp. ca.gov, including how to go about submitting a complaint about a judge.