Why was the judge not entitled to judicial immunity?

Question

In regards to the case: Yoder v. Workman, 224 F. Supp. 2d 1077 (S.D. W.Va. 2002), Why was the judge not entitled to judicial immunity?

Answer 1

Judicial immunity applies to acts that are normally performed by a judge. Look at the nature of the act, and not the identity of the actor. The issue in Yoder was whether a judge's publishing a press release on the court's website to explain and elaborate her recusal notice was an act normally performed by a judge. The court said "no," explaining that judges issue orders to explain their decisions; they do not issue press releases. Issuing a press release is not an act normally performed by a judge.