Parents will do whatever they can to protect their child. Unfortunately, the justice department is sometimes slow to act or may make an improper decision. If you feel that the law has allowed your child to be put in danger, you may be curious if you can sue a judge for child endangerment. Once a judgment has been made and the judge’s gavel drops, are your hands truly tied?
The answer isn’t so clear. A parent who believes that a judge’s wrong decision has put their child in danger can go through a lot of different emotions, from furious to frustrated. Although rare, it’s not outside of the realm of possibility that a judge has acted with bias or has used poor judgment. Let’s take a look at if it’s possible to sue a judge for child endangerment.
What Is Judicial Immunity?
For parents who believe that a judge’s ruling has put their child in danger, the biggest hurdle they have when taking legal action against them is judicial immunity. Its purpose is to ensure judges can act and rule without fear of personal liability. One very big reason a judge has this protection is to eliminate frivolous lawsuits against them by defendants who are unhappy with judgments against them. Without judicial immunity, the courts would be clogged with endless lawsuits filed by those who don’t agree with the rule of law.
Judicial Immunity Exemptions
There are very few exemptions to a judge’s immunity. While they may seem to have an overall blanket of protection, there are some rare instances where they can be held liable.
- Lack of jurisdiction: Judges aren’t protected if they take action in a case that they don’t have the legal authority to do so.
- Non-judicial acts: A judge could be held accountable for wrongdoing if they aren’t considered a part of his or her judicial duties or functions.
- Malicious or corrupt acts: Accepting a bribe or doing a personal favor by ruling for a certain party constitutes a corrupt act, and judges can be held accountable.
- Violation of constitutional rights: A judge could lose immunity if they knowingly violate an individual’s constitutional rights.
It’s incredibly rare for a judge to lose their right of immunity. Although it is possible, it would take a savvy and experienced legal team to go against a judge, especially to prove child endangerment.
Child Endangerment and Judicial Immunity
New York family court judge Michael McGuire was involved in a case of judicial misconduct and allegations of criminal activities. His charges included bribery, official misconduct, and endangering the welfare of a child.
The most notable charge of endangering the welfare of a minor revolves around the death of 16-month-old Akasha Luvert, whose cause of death was deemed to be a fentanyl overdose. The allegations around Judge McGuire stem from ignoring three requests from Child Protective Services (CPS) to remove Akasha from her parents, who were known narcotics users.
As of 2024, the judge has yet to be formally charged with child endangerment. Unfortunately, this highlights the difficulty of holding a judge accountable for their actions.
Options for Holding a Judge Liable for Child Endangerment
Judicial immunity is the biggest roadblock to seeking accountability if you feel a judge’s actions (or inactions) have caused harm to a child. However, it’s a tall order to fulfill and will prove incredibly difficult, if possible. There are a few different paths you can take when attempting to sue a judge for child endangerment.
- Consult with a lawyer: Even the most basic of lawsuits should never be sought without the help and guidance of an attorney. This couldn’t be more true when it comes to filing a case against a judge.
- Judicial conduct complaints: An avenue that may provide results or at least get your situation under the judicial microscope is to file a complaint with your state’s Commission of Judicial Conduct. By doing so, a formal investigation can proceed.
- Seek media attention: One of the best ways to hold a judge liable for child endangerment is to get your claims in front of the general public. Consider contacting your local news media and explain to them why you believe a judge has somehow harmed a child.
Regardless of which path you decide to take, it’s crucial that you consult with a lawyer. A case against a judge is complex; without detailed knowledge of the legal process, your claims could be ignored. Even if you do get to move forward with a claim, don’t expect the process to be expedited quickly. Accusations against judges aren’t taken lightly and will demand deep scrutiny.
Can I Sue a Judge for Child Endangerment? Final Thoughts
The answer is yes, kind of. Since judges have judicial immunity, doing so will likely prove to be difficult and most likely time-consuming. Either way, suing a judge is not an easy process. Most parents who feel that a judge’s decision has endangered their child seek justice and accountability, and perhaps suing them directly isn’t the best way to achieve those things.
If you need answers, consult with a legal professional. Yosha Law has been dedicated to serving the residents of Indiana since 1963. Reach out to one of our knowledgeable and compassionate attorneys today to learn how to seek justice.
