Judicial Immunity School for County Commissioners Court V. G. Young Institute for County Government College Station, Texas February 17, 2016

Transcription

1 Judicial Immunity 2016 School for County Commissioners Court V. G. Young Institute for County Government College Station, Texas February 17, 2016 Charles R. Kimbrough Bickerstaff Heath Delgado Acosta LLP 3711 South Mo-Pac Expressway Building One, Suite 300 Austin, Texas (512) (512) Facsimile Bickerstaff Heath Delgado Acosta LLP

2 DISCUSSION TOPICS Introduction -- Role of County Judge Individual Immunity Doctrine Judicial Immunity Qualified Immunity Official Immunity Conclusion Public Service Goals 2

3 INTRODUCTION -- ROLE OF COUNTY JUDGE (Presiding Officer of Commissioners Court) A commissioners court s primary function is to administer its county s business affairs. Though they are creatures of the Texas Constitution, counties and commissioners courts are subject to the Legislature s regulation. The powers the Legislature confers on counties and commissioners courts are duties rather than privileges. Thus, a commissioners court may exercise only those powers expressly given by either the Texas Constitution or the Legislature. When the Constitution or Legislature imposes an obligation on a commissioners court, that commissioners court also has the implied authority to exercise the power necessary to accomplish its assigned duty. City of San Antonio v. City of Boerne, 111 S.W.3d 22, (Tex. 2003) (internal citations omitted). Our Constitution establishes the Commissioners Court as the county s principal governing body. The powers and duties of the Commissioners Court include aspects of legislative, executive, administrative, and judicial functions. Commissioners Court of Titus County v. Agan, 940 S.W.2d 77, 79 (Tex. 1997) (internal citations omitted). 3

4 INTRODUCTION -- ROLE OF COUNTY JUDGE (Presiding Judge of County Court) There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. TEX. CONST. art. V, 15 4

5 INDIVIDUAL IMMUNITY DOCTRINE Doctrine -- Individual public officials, at times, may claim immunity from suit and monetary damages when sued in state or federal court. This developing legal doctrine creates tension, but provides a balance, between competing policy goals: the people s interest to protects their rights in court when public officials commit alleged misconduct; and the government s interest for its public officials to perform their official duties without concern regarding personal liability for their errors or mistakes. 5

6 JUDICIAL IMMUNITY Judges are immune from suit and monetary liability for judicial acts performed within their scope of jurisdiction. Corrupt motive by the judge is irrelevant -- a judge is immune for all judicial acts, so long as a clear absence of all jurisdiction does not exist. EXCEPTIONS: The judge is not immune for: judicial actions taken in complete absence of all jurisdiction; and non-judicial actions. A judge s acts are judicial if: (1) normally performed by the judge; and (2) the affected parties dealt with the judge in his judicial capacity. See Mireles v. Waco, 112 S. Ct. 286, (1991) (per curiam); Boyd v. Biggers, 31 F.3d 279, (5 th Cir. 1994); Hale v. Harney, 786 F.2d 688, 690 (5 th Cir. 1986); Turner v. Pruitt, 161 Tex. 532, 342 S.W.2d 422, 423 (1961); Kennedy v. Staples, 336 S.W.3d 745, 752 (Tex. App. -- Texarkana 2011, no pet.) 6

7 QUALIFIED IMMUNITY (Federal Law Doctrine) Doctrine: Government officials (including members of a commissioners court), at times, may claim immunity from suit and monetary damages when sued in federal court. EXCEPTION: Qualified immunity does not apply when the government official: violates a constitutional or statutory right; and right was clearly established at the time of the alleged conduct. Clearly established means that the right was so sufficiently established under the law that every reasonable government official would have understood that the alleged conduct would violate the right. See Taylor v. Barkes, 135 S.Ct. 2042, 2044 (2015)(per curiam). Qualified immunity protects all but the plainly incompetent or those who knowingly violate the law -- and gives government officials breathing room to make reasonable but mistaken judgments about open legal questions. Ashcroft v. al-kidd, 131 S.Ct. 2074, 2085 (2011). 7

8 OFFICAL IMMUNITY (State Law Doctrine) Doctrine: Texas public officials (including members of a commissioners court), at times, may claim immunity from suit and monetary damages arising from the performance of their discretionary duties. ELEMENTS: Official immunity properly applies when the public official: performs a discretionary duty (i.e., not a ministerial duty); in good faith; and within the scope of the official s authority. Official immunity is based on the necessity of public officials to act in the public interest with confidence and without the hesitation that could arise from having their judgment continually questioned by extended litigation. Ballantyne v. Champion Builders, Inc., 144 S.W.3d 417, (Tex. 2004). 8

9 LAGNIAPPE From South Louisiana/Southeast Texas parlance Means: (1) a small gift given to a customer as a compliment or bonus; or (2) an unexpected or indirect benefit. Examples: 13 oysters when you order a dozen; the plastic baby in your piece of Mardi Gras King Cake; or the Texas Aggies outscoring the LSU Tigers in any sport. Derivative Immunity -- Implications for your staff and court officers 9

10 CONCLUSION -- PUBLIC SERVICE GOALS Try hard to be right on the law and the ethics. Try hard to be the most fair, reasonable person in the room avoid status oriented decisions. Avoid even the appearance of an impropriety. STAY AFTER IT -- KEEP STUDYING. 10

11 Judicial Immunity 2016 School for County Commissioners Court V. G. Young Institute for County Government College Station, Texas February 17, 2016 Charles R. Kimbrough Bickerstaff Heath Delgado Acosta LLP 3711 South Mo-Pac Expressway Building One, Suite 300 Austin, Texas (512) (512) Facsimile Bickerstaff Heath Delgado Acosta LLP