The herald., 1895-01-20
THE JURISDICTION OF JUDGES,
Not Responsible for Errors of
Judgment.
Liability Of Justices In Criminal
Actions.
Jadgs Mckinley Files . Comprshsnsivs
Opinion In the Case Of Cnri-
son w.. Moore.

o very succinet opinion sustaining de-
murrsr In q civil suit entitled Carlson
against Moore ct al. II is sc follows:
Ons OF tho defendants (Moore) in this
action 10 . justice OF the peece and the
othey (Hult) is constable. Plsintiff
alleges that he vas arreatsd upon u war
rant issued by defendant Moore. and
that hie bail having been fixed he gave
the required undertaking. which was
approved and accepted by the Justice.
and that he was thereupop discharged,
bat that shortly aftsrward tbs defendant
Moore issued commitment upon which
plaintiff was resrrested and thrown into
jsil ny defendant Hut, Ths complaint
has numerous allegations charging con-
spiracy BY defendants and tina. their
action was wilful, malicious and COR
Yupt, and also alleges that leach and
all Of said acts and thing. were without
any right or authority of law" The
rule IL well established that a Judge is
not liable to civil action on accouDs OF
any sct done withia his jurisdiction,
even Though it bs wilfpl. malicious or
corrupt. Ths remedy fer mach wrong
lee in criminal or impesch pro-
ceediuRs. The Tuls msy ssein Il hsrsh
one ir individual cases, but ia bene6-
cent in ita sensral operation. 1t has
been expressly held by the United States
supreme court ;ha. Judges OF courts Of
record Of superior or general Jurisdiction
are not liable to civil action for their
judicial acts, even when such acts are in
oxcess of their jurisdiction and are al
legged to have besr dons maliciouslJ or
cofruptlv." Bradley VS.. Fisher. Is
WALL. 355.
"A distinction ia drawn by perhaps a
majority of tho authorities between the
liability CT an inferior judicial officer
and judge OF a court OF record. but in
principle there does not seem to be good
reason therefor. Each should have his
indepead protected from hasassing
litigation by disappointed suitors, aud
where he has merely erred ia judgment
by exceeding his powers should not be
liable therefor. The unsuccsssful party
10 too often ready to. suspent and charge
improper motives. Where the motives
are corrupt or malicious, the judicial
off3csr II liable TO the penalties OF the
criminal law. The case of Alice We.
Rsecs. 80 Fed. Rep, BAL, is very similar
TO the one Of bar il it 10 conceded that
the Justice had no power to commit the
plaintiff In this case after his bail had
been accepted. In Alice We. Reece the
court held that the defendant, q justice
Of the peace, acted in excess of his jur-
isdiction. and that the proceedings by
virtue Of which the plaintiff lin that
cass) was arrested were illegal and void,
but shat the defendant was not liable in
damages because he had erred in de-
terming that he had jurisdiction.
The rule Ia different in case where
there Ia no jurisdiction whatever. For
instance, il justice issued a warrant
without the fling Of complaint, and
caused psraon to be arrested, he would
DO liable in damages; while if he issued
. warrant and caused an arrest, bssing
his proeeedings upon faulty and de-
feotivs complaint, he would not be
liable. In the one case he acts without
Jurisdiction, in the other he errs in de.
termining his jurisdiction.
In the case at bar the Justice had
jurisdiction OF the subject m after Of the
prosecution against plaintiff for mis-
dsmeanor, and he obtained jurisdiction
Of his person by the service and return
Of the warrant of arrsst. At most it
can only be claimed by plaintiff that he
exceeded his jurisdiction by placing him
under arreat again after he had given
bail.
II, however, the Justice could make
such an order under any circumstances,
it was clearly an order he had jurisdic-
ton TO make il those circumstances ex-
listed, and if made without them he aim.
ply exceeded his jurisdiction and COM
mittsd an error of judgment. If judges
ware liable for their errors they would
be continually at the mercy of dssp-
pointed litigants, and thsrs would bs no
limit to litigation. IA it was forcibly
expressed in an early case: LIST US
turn now to the probsbls sffect of hold
ing . judicial officer accountable for
errors of judgment. Errors, not few,
he must, of course. commit, and many
more in the opinion of those who
judge his acts. His post would nos
DO tenable by the ablest, for pecuniary
ruin must attend his best exertions {;
while hs. ia turn, would pursue those
who misiudgsd his judgment. Suppose.
for instance, the judge and jury had
given judgment. for a mere mistake.
against the justice in the case before us (;
might he rot in turn have sued this
Judge and jury for their mistake? And
judgment being rendered for or against
buoUo, no mNbboI WniCu, tu0 lO1br WOul0
have right still to pursue in
like manner their mistaken Judge
and jury, and go OF, 10 infinity. If there
could be q gea of litigation, wids, deep
and stormy, We should have il here, and
all that have noticed. the wsll-mean-
ing magistrate and the faithful counsel
lor, the honept Juror and the upright
Judge, the patriotic statesman and the
magnanimous governor. stepped in liti-
cation, would be ell adrift on psrilous
deep. No doubt aome fen would still
venture out, bus could we find Palm.
urns able to swim three days and three
nighta to catch even the glimpse OF his
destination; without hyperbole. would
not any judicial officer become interested
to do NO business? And what an inter.
eating feeling might it not introduce in.
terehangoabIy to cloak each others er-
Yors, for man 10 man, and the selfish
principle rules him." Reid vs. Hood II
Am. Dec, psge 683.
AS most of ths authorities express it,
Q Judge 10 not responsible in civil &C
tion for "errors of judgment" Counsel
for plaintiff eoncede that the rule is st
stated above, but claim that in this
case they can recovsr, because defend
ant Moore was acting in excess of his
jurisdietien, and lay stress upon the
allegation shat his acts were without
authority Of law; but that allegation Ia
. more conclusion. and, like, the words
'..maliciously," ''oeryuptly," etc., can.
mot make . CAUSE of action unless facti
40 aiIassd vhich chow that the iuetice