Suing a judge

Mrcaramelchoc

Is suing a judge possible?
if a guy has numerous assault robbery convictions etc and comes up in front of a judge and is given bail/ let go.he then goes off and kills someone in an attempted robbery or assault.
Can the family of that Person sue the judge for letting him off the hook so he could commit murder?
In other words the judge knew he was a danger to the public but still let him free.

Peregrinus

No. Judges are not supposed to be swayed by personal interest in the execution of their duty, so one of the rules is that they can't incur any personal liablity (or secure any personal benefit) from their decisions. Otherwise you might have a judge sending someone to jail not because he thought it was what the law required in the case or necessary or approriate for the protection of the community or whatever but simply to avoid the personal inconvenience and expense of being sued himself.

Effects

Mrcaramelchoc wrote: »

Is suing a judge possible?

You should take a test case against one.

Green Peter

Mrcaramelchoc wrote: »

Is suing a judge possible?
if a guy has numerous assault robbery convictions etc and comes up in front of a judge and is given bail/ let go.he then goes off and kills someone in an attempted robbery or assault.
Can the family of that Person sue the judge for letting him off the hook so he could commit murder?
In other words the judge knew he was a danger to the public but still let him free.

You might have a better chance suing the state and the attorney general. But add the judge anyway. It would be difficult but they might settle if its high profile enough and embarrassing

Peregrinus

Green Peter wrote: »

You might have a better chance suing the state and the attorney general. But add the judge anyway. It would be difficult but they might settle if its high profile enough and embarrassing

You can't add the judge; you have no cause of action against him. He won't settle; he'll just apply to have the action against him struck out.

I don't see any basis for suing the state and the Attorney General either, to be h honest. What's your cause of action here?

ezra_

This tragic tale is similar enough to be instructive OP

https://www.irishtimes.com/news/crime-and-law/courts/high-court/high-court-strikes-action-by-widower-of-sylvia-roche-kelly-1.2077335

Really feel for him.

Mrcaramelchoc

Effects wrote: »

You should take a test case against one.

If i had reason to i might.but im simply asking the question is it possible.

Claw Hammer

You can issue proceedings against anybody you like, but your prospects of success may not be great. There is no chance whatsoever against the judge on public policy grounds and you would find it extremely difficult to have the state made liable on the basis of vicarious liability, since judges must be independent in the exercise of their functions.

Irishphotodesk

Mrcaramelchoc wrote: »

Is suing a judge possible?
if a guy has numerous assault robbery convictions etc and comes up in front of a judge and is given bail/ let go.he then goes off and kills someone in an attempted robbery or assault.
Can the family of that Person sue the judge for letting him off the hook so he could commit murder?
In other words the judge knew he was a danger to the public but still let him free.

By that logic would you not also include the gardai for not objecting to bail citing the "o Callaghan rule " .... Or the legals who managed to obtain the bail for their client.

It's a tough task to point the finger when multiple factors are involved in the person obtaining bail, Garda objections, the legals representing and mitigation plea given, etc

Mjolnir

Simply put no you can't, judges have immunity from proceedings which may arise as a result of their decisions, vicarious liability on the state also wouldn't work as though under the minister for justice, there is no master servant relationship and the constitution guarantees the separation of powers.