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Judicial Immunity Resolutions

Re: Pulliam v. Allen - 1990 MY
Re: Pulliam v. Allen - 1986 AM
In Support of H.R. 877 (to prohibit award of attorney's fees against judges) - 1985 MY
On Judicial Immunity - 1983 AM


Re: Pulliam v. Allen - 1990 MY

RESOLUTION


WHEREAS, the American Judges Association is ever mindful, and vigilant and ever dedicated to the preservation of one of the most important cornerstones which bears the weight supporting the liberty which we as Americans enjoy: and

WHEREAS, as free, independent and unintimidated judiciary helps to preserve and protect this liberty which we treasure above life itself; and

WHEREAS, the American Judges Association has repeatedly gone on record by means of it's approved resolutions and the testimony of it's President and authorized officers before Congressional Judicial Committees, expressing the vehement and righteous opposition of the Association to the propositions laid down in the Pulliam v. Allen decision, and

WHEREAS, U.S. Senate bill S 590 would immunize all state and federal judges from injunctive harassment in regard to actions taken in this capacity and further would immunize the judiciary counsel fees and costs in these matters; and

WHEREAS, even in those cases where after long and trying litigation and judicial officer is vindicated, the said officer has no access to the recovery of legal fees and costs arising from the defense of the action and further must live with the ever present threat of other such litigation each and every time he or she is called upon to make a decision in a similar case.

NOW, THEREFORE, BE IT RESOLVED, RESOLVED, that the American Judges Association, with a membership in excess of 2,500, presently urges the full passage of S 590 without further delay and orders that a copy of this resolution be sent to all parties of interest in the legislative branch of government.

AJA Resolutions Committee
John A. Mutter, Chair

Adopted St. Louis, Missouri
April 1990

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Re: Pulliam v. Allen - 1986 AM

RESOLUTION


WHEREAS, the American Judges Association has previously gone on record as endorsing and supporting Federal Legislation which would, in effect, legislate against the finding in the 1984 Supreme Court case, Pulliam v. Allen, wherein state judges may be ordered to pay attorneys fees in cases where state judges are sued in Federal Court in certain civil rights cases; and

WHEREAS, the said legislation in its original form failed in the legislature; and

WHEREAS, the American Judges Association remains convinced that the findings of Pulliam V. Allen would undermine the fundamental doctrine of judicial immunity which guarantees a free and independent judiciary.

NOW, THEREFORE, BE IT RESOLVED, RESOLVED, that the American Judges Association, urges each new member of the Federal Legislature to produce and support legislation which would provide that no judge should be held personally liable in any proceeding brought against said judge for actions taken in an official capacity, and further that copies of this resolution be sent to each member of the U.S. Senate and House of Representatives, to U.S. Attorney General Meese and the President of the United States.

AJA Resolutions Committee
John A. Mutter, Chair

Adopted Kona, Hawaii
October 1986

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Resolution in Support of H.R. 877

RESOLUTION


WHEREAS, the American Judges Association is forever mindful that a free and independent citizenry cannot exist in the absence of a free and independent judiciary; and

WHEREAS, the Supreme Court of the United States in the case of Pulliam v. Allen 1045 SCR 1970 (1984) in a five to four decision ruled that in an action brought under section 1988 of title 42, United States Code, judicial immunity did not prohibit the awarding of attorney fees against a member of the judiciary acting in a judicial capacity; and

WHEREAS, the said American Judges Association agrees with the minority position of the Supreme Court that such a ruling may well adversely influence judicial determinations; and

WHEREAS, there is presently pending in Congress H.R. 877 amending section 1988 of title 42, United States Code, to prohibit the award of attorney's fees against judges growing out of actions for injunctive relief; and

WHEREAS, the American Judges Association wholeheartedly and without reservation supports the passage of H.R. 877:

NOW, THEREFORE, BE IT RESOLVED, RESOLVED, that the American Judges Association, shall cause a letter of support for the said H.R. 877 and urging its passage to be sent to every member of Congress and the Senate and to the President of the United States along with a copy of this resolution.

AJA Resolutions Committee
John A. Mutter, Chair

Adopted Cleveland, Ohio at the midyear conference at the request of the Legislation Committee
April 1985

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On Judicial Immunity - 1983 AM

RESOLUTION


WHEREAS, there is a serious and constant attempt to encroach upon the doctrine of judicial immunity; and

WHEREAS, the erosion of the principle of separation of powers likewise infringes upon an independent judiciary; and

WHEREAS, the reliance on the protection of insurance leaves a lot to be desired and provides a false sense of security because such protection has been argued as a waiver of liability "pro tanto"; and

WHEREAS, protection from legal costs and attorney's fees can be so expensive as to be beyond the financial means of some judges, and

NOW, THEREFORE, BE IT RESOLVED, RESOLVED, that the doctrine of judicial immunity be given impetus by the judges of the American Judges Association and all other judges who are given the responsibility to ensure and perpetuate a free and independent judiciary.

AJA Resolutions Committee
Judge S. James Clarkson, Chair

Adopted Boston, Massachusetts
August 25, 1983

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