Judicial Malpractice Insurance is Common. Why They’re Afraid You’ll Find Out–and Sue
We’ve said it before–“Judges break the law on the bench and off all the time. They’ve replied–“Yeah, but then your only remedy is an appeal. We can’t be sued.”
Who’s right? Ask a lawyer and they may side with the judges. Tough road to sue your master. But if you can’t believe what you hear, believe what you see. Judges recognize they can be sued–for a lot of things they do as lawyers. They’re so tuned in to it that they’ve asked insurance companies to write special policies for them. This article by David Cohen of Case Western Reserve examines the issue closely, exposing how many judges purchase insurance, what they pay, what they’re afraid of being sued for, and why. Cohen explains;
“For several centuries judges enjoyed absolute judicial immunity. Recent years have seen a decrease in the scope of judicial immunity. The increasing success of suits against judges has caused many members of the judiciary to purchase judicial malpractice insurance. The Author questions the current cost of such insurance by examining the amount and necessity of protection it affords and the risk of civil liability not already covered by the state.”
Despite the fact that they’re insured, and the premiums are paid for by tax dollars, they still peddle the “I’m just a poor government employee” tune to litigants and attorneys who don’t know better. Which is why Cohen met resistance from judges when he researched the issue.
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