23 May 2006

Judicial Liability In Texas

Probate judges in Texas do not enjoy the absolute judicial immunity common elsewhere.

Section 36 of the Texas Probate Code provides that:

[I]n Texas, “should damage or loss result to estates” through the “gross negligence of the judge,” then he or she may be liable to those damaged by the neglect.

Amazingly, despite the remote possibility of liability for gross negligence, Texas somehow manages to find people to serve as probate judges.

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