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Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions.[1] It is intended to ensure that judges can make decisions free from improper influence exercised on them, contributing to the impartiality of the judiciary and the rule of law.[2] In modern times, the main purpose of "judicial immunity [is to shield] judges from the suits of ordinary people",[3] primarily litigants who may be dissatisfied with the outcome of a case decided by the judge.
Though judges may be immune to suits, in many constitutional democracies judicial misconduct or bad personal behavior is not completely protected – total impunity is considered contrary to the rule of law.[4] Depending on the jurisdiction, they may be criminally charged for courtroom behavior unrelated to the decision-making process (for example, by shooting someone and committing a murder) and judges may be removed. The method by which judges are removed varies by the judicial system in question, they include removal by other judges on the same or a higher court (in the United States, a judicial council), by a recall election, by the next regular election, or following impeachment by a legislature.
^Shaman, Jeffrey (January 1990). "Judicial Immunity from Civil and Criminal Liability". San Diego Law Review. 27: 1.
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