S. 1318

A bill to protect States and Federal judges by clarifying that Federal judicial immunity covers all acts undertaken by judges pursuant to legal authority.

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Contents

II

109th CONGRESS

1st Session

S. 1318

IN THE SENATE OF THE UNITED STATES

June 28, 2005

Mr. Cornyn introduced the following bill; which was read twice and 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), a justice or judge of the United States or a State judge shall have immunity against any Federal civil cause of action respecting the discharge of any legislatively or constitutionally authorized duty, except for actions involving malice.

(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:

.