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Republicans and Democrats Agree



Republicans and Democrats agree that the South Dakota Judicial Accountability proposal is a bad idea, as that state's House of Representatives has passed a concurrent resolution condemning the ballot initiative.

As previously reported, the J.A.I.L. initiative, would strip South Dakota judges of their immunity for official acts and subject them to lawsuits based upon decisions made as judges.

Although there are numerous theoretical problems with the initiative, one of the greatest is that it would subject judges to personal liability for "deliberate disregard of material facts". Because the presence of a genuine issue of material fact is at issue in nearly every motion for summary judgment, such a change in the law could subject every judge in that state to liability for every decision to grant (or deny) summary judgment in every case.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.