Promoting Accountability in Hawaii | Ending Judicial Immunity Act

The Libertarian Party of Hawaii is proud to introduce the Ending Judicial Immunity Act. This legislation draft aims to enhance accountability within our judicial system by holding judges responsible for their actions when they violate constitutional or statutory rights. 

The principle of judicial immunity has routinely shielded judges from accountability, leaving citizens with limited avenues for redress when their rights are violated. We need only to look at organizations like Pacific Legal Foundation or You Are The Power to see countless examples of Judicial overreach and misconduct. This frequently prevents justice from being served and destroys the public’s trust in our legal system.

Key U.S. Supreme Court cases, such as  Stump v. Sparkman (1978), established that judges are immune from civil suits for actions taken “in their official capacity”. This doctrine is upheld through case law, but is not established as a specific statute. 

Every citizen deserves access to justice, and that right should certainly includes the ability to challenge the misconduct of judicial authority. Lack of accountability compromises the foundational principles of our democracy. Our bill seeks to correct this injustice by establishing that judges cannot evade responsibility for their actions under the guise of “immunity”.

The End Judicial Immunity Act would provide JUSTICE for Hawaii.

Key Provisions of the Bill

The Ending Judicial Immunity Act proposes three essential changes:

1. Removal of Judicial Immunity

The bill explicitly states that judicial immunity shall not apply to civil actions that result from violations of constitutional or statutory rights. The ability to hold judges accountable upholds the fundamental principle that no one is above the law.

2. Clarification of Defense

By removing the defense of so-called “good faith," the bill establishes clear standards for judicial conduct. Our legislation draft stipulates that it shall not be a valid defense for judges to claim that they believed their conduct was lawful at the time of the allegations arised. 

Judges must adhere to constitutional protections, and ignorance of the law or the belief that their actions were lawful is not an excuse for trampling the rights of others. Think about it. You're not allowed to respond to criminal accusations with, “I didn't know that was illegal.” If ignorance of the law is not a valid defense for the average citizen, why is it acceptable for a judge who has made a carrier based on their knowledge of the law?

3. Recognition of the Supremacy Clause

This bill upholds the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence over state laws. Judges cannot prioritize State law over Federal law. This provision reinforces the obligation of judges to uphold all rights guaranteed by the Constitution.

Take Action: Activism Packet Download

The Libertarian Party of Hawaii invites all citizens to support the End Judicial Immunity Act by downloading our free Activism Packet. This comprehensive, open-&-go resource is designed to equip you with the tools necessary to advocate for this important legislation. 

Here’s what you’ll find in the packet:

• Volunteer Guide: Navigate the activism packet with ease to maximize its resources.

• Bill Text: Stay informed about the latest legislation affecting our community.

• Fact Sheet: share our J. U. S. T. I. C. E. Handout to spread the word.

• Key Talking Points & Anticipated Questions: Prepare to confidently speak on this issue.

• Template Email: See an example of how to contact legislators. 

• Sign-up Sheet: Gather support and build a strong network.

• Representatives & Senators by District: Know how to connect effectively with your local elected officials.

• Support Contact: You don't have to do it alone! Reach out to our dedicated support team for tips and guidance.

Let's work together to shape a brighter and freer future for all citizens in Hawaii. Download your free activism packet now and make a difference in advocating for judicial accountability!

For additional information, support or questions, feel free to contact us directly. Together, we can restore justice and accountability in our judicial system.