Posted by
NOTLEGALROADKILLYET on Sunday, October 08, 2006 2:21:01 PM
I try to dig down into an issue and provide at least speculation as to why things are as they are. Part 1 is
here.
My take on the issue of Judicial Immunity, and for that matter, Judicial Independence, is that the lawyers who fight for it are self-serving. Lawyers today enjoy an amazing level of immunity for the things they do. For example, they can intentionally damage an opposing litigant over a period of years in the expectation that nothing can or ever will be done about it. Their immunity rivals that of government officials, and in some cases exceeds it.
If Judges lost even partial immunity, there would be no rationale for attorneys to have the full immunity they currently enjoy. I believe the citizens would lose little and gain much if both judges and attorneys lost some of the immunity and independence they currently enjoy.