Does a judge, a referee or a referee have immunity from prosecution?

California, United States of America


The following excerpt is from Howard v. Drapkin, 222 Cal.App.3d 843, 271 Cal.Rptr. 893 (Cal. App. 1990):

We agree with defendant and amicus that the justification for giving judicial and quasi-judicial immunity to judges, commissioners, referees, [222 Cal.App.3d 859] court-appointed persons (such as psychologists, guardians ad litem and receivers), and nonappointed persons (such as those who prepare probation reports and handle child abuse cases) applies with equal force to these neutral persons who attempt to resolve disputes. Although they are not "law connected," as are judges, commissioners and court-appointed experts, neither are non-judicial arbitrators. (Stockwell v. Equitable F. & M. Ins. Co., supra, 134 Cal.App. at p. 540, 25 P.2d 873.) Similarly, referees, although appointed by the courts, may or may not be employees or officers of the court and they may be paid by the parties. (Park Plaza, Ltd. v. Pietz, supra, 193 Cal.App.3d at p. 1419, 239 Cal.Rptr. 51.) 9

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