You be the Judge: That Judge Is Not A Criminal

YOU BE THE JUDGE

THAT JUDGE IS NOT A CRIMINAL

If you have been unhappy with a court decision, this may interest you.

Everyday throughout New Jersey, judges are called upon to decide disputes. Often the litigants are passionate about the issues before the Court.

In most cases, one litigant will win and another will lose.

Although there is usually a right to appeal a judge’s decision, is there any other relief to a litigant who feels dissatisfied?

Recently, the federal Third Circuit Court of Appeals was called upon to decide whether an unhappy litigant can charge a judge with a crime.

In Capogrosso v. Supreme Court of New Jersey, No. 08-3816 (11-27-09), plaintiff was a lawyer engaged in several New Jersey state court tenancy disputes. She claimed the judges who presided at the trials acted criminally and violated her constitutional and statutory due process rights.

YOU BE THE JUDGE: If a litigant disagrees with the outcome of a trial, can the judge be charged with a crime?

In this case, all the criminal charges were dismissed; judicial officers, in the performance of their duties, have an absolute immunity from suit. Judges are liable only if they act in the clear absence of all jurisdiction. Since plaintiff complained about what the judges did while acting as judges, no criminal liability was involved.

Similarly, an individual does not have the constitutional right to prosecute alleged criminals. Therefore, plaintiff was not deprived of due process.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Butler, Kinnelon, Westwood, Ridgewood, Paramus and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion @ about your pending lawsuit. There is no obligation for the initial consultation.