NYLJ: Court Finds Judicial Immunity Extends to Judge’s Law Clerk

ALBANY – Judicial immunity extends to a family law clerk who issued an order of protection under the auspices of Family Court Judge John J. Brennan (See Profile) in Herkimer County, a Court of Claims judge has determined.

The actions of Bart M. Carrig, senior law clerk to Judge Brennan, in a domestic violence case were undertaken within the proper jurisdiction and legal protections of the Family Court in central New York, Court of Claims Judge Glen T. Bruening ruled from Albany in Gookins v. State of New York, 2011-048005 and 119903.

“Judicial immunity has been extended to those individuals who perform quasi-judicial functions–those functions that are ‘closely associated with the judicial process,'” Judge Bruening ruled, quoting Cleavinger v. Saxner, 474 U.S. 193 (1985), and Oliva v. Heller, 839 F2d 37 (1988). “As is relevant to this action, a law clerk for a judge, who ‘generally performs discretionary acts of a judicial nature’ has been described as an ‘extension of the judge at whose pleasure [he or she] serve[s].'”

Read entire article by Joel Stashenko. (May require free registration)