Statutory Liability of NY Family Court Judges

The legal concept of granting “judicial immunity” to judges to protect judges and the governments that employ them from being held liability for actions they take while acting as judges is sanctimonious.  Legal decisions making “Judicial immunity” in all U.S. States and Federal districts dating back to trials relates to President Abraham Lincoln’s assassination have made this legal concept unalterable.

Despite all the above, the People of the State of New York through their lawful representation in its State Senate and Assembly and Governor passed a law clearly and directly addressing Liability of Family Court Judges and creating as a matter of law liability for “malicious or a deliberate abuse of his discretion.”

New York County Family Court Act § 145 Liability of judge

Any family court judge who in good faith issues process in any proceeding under this act shall not be liable therefor unless it is shown that his action in so doing was malicious or a deliberate abuse of his discretion

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