Family Courts and Judicial Immunity

Here are some notes from my personal legal research looking into the family courts, family court judges and the constitutionality. Family Court Judges appear to be administrative officers and not protected by Judicial Immunity.

In New Hampshire and other states, the family courts are special administrative courts created by the legislature. This raises question as to whether the Judges can claim judicial immunity. Also, there is no jury, and they are relatively new, designed to create child support orders.

These Child Support Orders fund the State through Federal Grant Money, Title IV-D.

Robert Tanguay, Author – Speaking before the House Committee on Child and Family Law – January 9th, 2024

This is not legal advice – just notes and opinion. You should consult a lawyer to understand the risks of not being represented, or a ward of the court.

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Civil Rights, Jury as triers of fact, not Judiciary –

If, however, there is a material dispute as to the facts regarding what the officer or the plaintiff actually did, the case must proceed to trial, before a jury if requested. Id. For purposes of this appeal, we view the facts, as the district court should have but did not, in the light most favorable to LaLonde and accept his version of all material disputed facts.

Lalonde v. County of Riverside, 204 F.3d 947, 953-54 (9th Cir. 2000)

There is no jury trial in Family Courts except in Texas. Jurisdiction remains within the people as triers of fact. This means a jury – not the government.

The family courts are state entities. Their staff are state employees, not federal.

Family Court is Not Constitutional – Administrative Procedures Act

Family Courts appear to be special, legislated, administrative courts. While there are judges – they are acting in their administrative compacity. – Need to read further.

Family Court Judges - Judicial Immunity
Family Court Judges Legal Notes; Judicial Immunity – January 2024

Are Family Court Judges Immune

11th Amendment – Amendment XI

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

State Judges Aren’t Protected by Judicial Immunity because they aren’t Constitutionally Elected

Supremacy Clause Doctrine

Federal Laws and Constitution are superior to the State statutes and constitutions. Laws, rules and Constitutions that conflict are inferior and repugnant to the Federal Laws.

Family Court – U.S. Constitution – Article 3 Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Under the criteria developed by precedents of this Court, § 1983 would be drained of meaning were we to hold that the acts of a governor or other high executive officer have “the quality of a supreme and unchangeable edict, overriding all conflicting rights of property and unreviewable through the judicial power of the Federal Government.

Scheuer v. Rhodes, 416 U.S. 232, 248 (1974)

Corpus Juris Secundum

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Robert Tanguay
Author of "Incentives and the Environment" and founder of EmissionsTax.