Judge Immune from Suit

The Third Department upheld the dismissal of a suit against a judge which alleged “intentional professional and malicious misconduct.”  The court explained the applicable law:

It is well settled that a “[j]udge is immune from civil liability for acts done in the exercise of his [or her] judicial function” … . “Absolute immunity is . . . necessary to assure that judges, advocates, and witnesses can perform their respective functions without harassment or intimidation” … and “discourages inappropriate collateral attacks on court rulings and fosters judicial independence by protecting courts and judges from vexatious litigation” … . There are only two recognized exceptions to the broad cloak of judicial immunity, namely “when a [j]udge does not act as a [j]udge, or when a [j]udge, though acting under color of judicial authority, lacks any jurisdiction supporting judicial authority for the action taken” … . As to the latter exception, there is a clear “‘distinction between acts performed in excess of jurisdiction[, which fall within the scope of immunity,] and acts performed in the clear absence of any jurisdiction over the subject matter,'” which do not…. .  Best v State of New York 2014 Slip Op 02484, 3rd Dept 4-10-14