H.R. 5343

To protect State and Federal judges by clarifying that Federal judicial immunity covers all acts undertaken by judges pursuant to legal authority.

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Contents

I

109th CONGRESS

2d Session

H. R. 5343

IN THE HOUSE OF REPRESENTATIVES

May 10, 2006

Mr. Gohmert introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To protect State and Federal judges by clarifying that Federal judicial immunity covers all acts undertaken by judges pursuant to legal authority.

1.

Clarification of judicial immunity

(a)

In general

Chapter 21 of title 28, United States Code, is amended by adding at the end the following:

464.

Judicial immunity for administrative functions

(a)

In general

Subject to subsection (b), each justice or judge of the United States and each justice or judge of a State shall have immunity against any Federal civil cause of action arising from or as a result of the discharge of any legislatively or constitutionally authorized duty, unless such justice or judge, in the course of discharging such duty, was committing a crime.

(b)

Other immunity

This section shall not preempt any Federal or State law providing immunity in addition to the immunity provided by this section.

.

(b)

Chapter analysis

The chapter analysis for chapter 21 of title 28, United States Code, is amended by adding at the end the following:

.