Legal Question in Constitutional Law in California

Usually we see legal cases regarding equal protection under the law involve law enforcement officials violating civil rights, but does this also apply to other government officials, for example, judges following proper procedures to ensure equal protection under the law for both parties? Is this a constitutional right of all US citizens?


Asked on 1/26/12, 1:52 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If judges don't follow proper procedures, the legal remedy is that the aggrieved party has the constitutional right to petition a higher court for redress of grievances (in other words, to appeal). Judges who repeatedly or blatantly err can be disciplined or removed from office.

Read more
Answered on 1/26/12, 1:57 am
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Stone is right. Judges are immune from civil lawsuits against them for actions taken in their official capacity. If they weren't, disgruntled parties would sue them all the time.

Note that equal protection violations usually involve discrimination, not mere bias. That a judge seems to treat one party better than another would only violate equal protection if he did it because the disfavored party was a member of a particular gender, race, religion, etc. Even then, the remedy is through an appeal or a writ petition, not a lawsuit against the judge.

Read more
Answered on 1/26/12, 11:16 am


Related Questions & Answers

More Constitutional Law questions and answers in California