What are Grounds to sue a judge?

Answer 1

Grounds to sue a judge are if they have violated the states eleventh amendment, and have such violated your constitutional(civil) rights. Examples would be if they have violated your due process rights in court, if they have refused to accomodate you based on disability, discriminated against you because of that disability or your sexual preference, religion, creed, race, or gender. Their immunity is figured out by which actions were executed within their judicial capacity and are of 'NORMAL' judicial capacity first and foremost. That is the best place to start, contact a civil rights attorney secondly in your area for more information. Judicial misconduct must first be reported to your states Judicial Commission and then secondly to the United States Justice Department. Only then, can you have a right to sue letter and have your day in Federal Court if you so deem that is your desire whether or not that is your path to still take, attorney or not, and remember, you need to hire an attorney IN YOUR STATE to recover attorney's fees. Good luck!!!!

Debbie in Wisconsin

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Yes, here in California it is possible to sue a judge if they do not follow the law, and you are denied due process.

Here is my DEMAND LETTER:

July 15, 2009 I did present the court with a MOTION TO VACATE A VOID CRIMINAL JUDGMENT. I asked if you had read the motion; you did not indicate that you had. Rather you responded, in what I have come to experience with you in all of our court room experiences -- an angry and demeaning manner - and with no due process, "It is untimely and I am incarcerating you!" I replied, "Void Judgments never die.[ Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194]." I was then shackled and taken off to county jail and incarcerated for forty-four [44] days. (On that very night in the jail I did almost die due to an overdose of medication given by the guards, and had to be transported to JFK Hospital where I was kept for four days.)

Rulings made in violation of Due Process are void.

August 12, 2009 an oral motion was made to reconsider Defendant's motion and it was denied, again as "untimely."

Either you do not know the law - incompetence, or, you ignored the law - unconscionable!

CCP Section 473 permits a trial court, on noticed motion, to set aside void judgments and orders. Courts also possess inherent power to grant such relief. Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194. A void act or judgment may be attacked in any forum, state or federal, where its validity may be drawn in issue. Pennoyer v. Neff, 95 U.S. 714 [24 L. Ed. 565 ] (1878).

(Burns v. Municipal Court (1961) 195 Cal.App.2d 596, 599.) "The most important is jurisdiction of the subject matter. 'No person can be punished for a public offense, except upon a legal conviction in a court having jurisdiction thereof.' (P.C. 681.) In other words, the court in a criminal trial, like the court in a civil proceeding, must have jurisdiction of the subject matter" (4 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000) Jurisdiction and Venue, § 1, p. 86, citing, inter alia, Burns v. Municipal Court, supra, 195 Cal.App.2d 596, 599.)

When a judge does not follow the law, i.e., they are a trespasser of the law, the judge loses subject-matter jurisdiction and the judges' orders are void, of no legal force or effect. The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974); Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980 ); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); When judges act when they do not have jurisdiction to act, or they enforce a void order (an order issued by a judge without jurisdiction), they become trespassers of the law, and are engaged in treason The Court in Yates v. Village of Hoffman Estates, Illinois, 209 F.Supp. 757 (N.D. Ill. 1962)

You have lost your immunity: When a judge does not follow the law, i.e. ,they are a trespasser of the law, the judge loses subject-matter jurisdiction and the judge's orders are void, of no legal force or effect. The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." [Emphasis supplied in original].

I shall be writing a motion to have your ruling against me dismissed, and again presenting my Motion to Dismiss the Void Criminal in the near future.

THEREFORE I am making this thirty [30] day demand for $150,000.

Most sincerely,


Sharon Stephens

Answer 2

Suing a judge is nearly impossible because Judges, like prosecutors, share Judicial Immunity. You would have to demonstrate and prove that the judge acted outside his capacity of a judge.

You could sue a judge if they threw you in jail for 70 years on a speeding ticket when he chose to find you guilty of murder, though you were never charged with murder. You would have to demonstrate something as outlandish as this in order to be successful.