Federal Interbranch Relationships

Question 1

Federal Government Immunities (chart)

Answer 1

1. Legislative Branch:
   i) Member of Congress
   * Absolute immunity for official legislative acts
   
   • Applies to Civil and Criminal suits
     ii) Aide
     * Absolute immunity for acts that would be immune if performed by member of Congress
   • Applies to Civil and Criminal suits
2. Executive Branch:
   i) President

• Absolute immunity for official executive acts
• No immunity for acts before taking office or unrelated to executive function
  • Applies in Civil suits
    ii) Aide / Official
• Qualified immunity for discretionary acts
  
  • Applies in Civil suits

3. Judicial Branch:
   i) Judge / Prosecutor
   * Absolute immunity for official judicial acts unless clearly lacks subject matter jurisdiction
   
   • Applies in Civil suits
     ii) Officer / Employee
     * Absolute immunity for acts pursuant to court order
     * Qualified immunity for discretionary acts
   • Applies in Civil Suits

Question 2

Are judges immune from civil liability for rulings that are grave procedural errors?

Answer 2

YES

Judges possess absolute immunity from civil liability for official judicial actions—including rulings that are grave procedural errors—UNLESS the court clearly lacked subject-matter jurisdiction at the time the action was taken.

This ensures that judges are free to issue decisions during judicial proceedings without fear that they will later be personally liable for them.