How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Personal Injury Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Personal Injury Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

A divorce case in Texas. Trial was 22 months ago and the Judge

This answer was rated:

A divorce case in Texas. Trial was 22 months ago and the Judge hasn't ruled. This is created lots of issues. This is a case with many tentacles. First, can the Judge be held liable for not ruling?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

By "liable", if you mean that you can sue successfully the judge for not ruling, no. Judges enjoy something known as "absolute immunity" to issues pertaining to judicial discretion.

ScottyMacEsq :

That means that you cannot successfully sue a judge for doing something or not doing something in your case.

ScottyMacEsq :

Otherwise, judges would be the most sued people in the country, and that would be difficult to get anyone to act in that role.

ScottyMacEsq :

Now it's possible that if a judge is taking way too long and refusing to rule on matters that should be ruled on, it could be taken to the appellate court and ask for an "injunction" (an order) telling the judge to make a ruling.

ScottyMacEsq :

But this is not the same as the judge being held personally liable for the damages incurred as a result of not making such a ruling.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq and 2 other Personal Injury Law Specialists are ready to help you

Related Personal Injury Law Questions