Abstract
This Note will examine the doctrine of absolute judicial immunity, including its history and exceptions, and will also discuss the most recent pronouncement by the Supreme Court on the subject. Instances of judicial conduct protected by the doctrine will be considered along with other examples of judicial misconduct warranting remedial action. The existing methods of dealing with such judicial misconduct including the exceptions to the rule of absolute judicial immunity will be examined in order to determine their efficacy. Then a substantial analysis of the policies supporting judicial immunity will be included as a prelude to a proposal that judges be granted only a qualified immunity from liability so that tort law can function to discipline the errant judge and compensate those harmed by his misdeeds. Additional safeguards and procedures for such actions will also be proposed in order to preserve the independence of the judiciary.
How to Cite
20 Ariz. L. Rev. 549 (1978)
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