From Charles E Lincoln–Burdick v. 5 Justices and how Judicial Immunity is destroying the US and its Judicial System

I just received this brief on an Alabama civil rights Lawyer complaining about how the concept of Judicial Immunity really has nearly no place in the US legal system and in fact is destroying it.

You can find this amazing brief here:

And it has tons of quotes regarding limiting judicial immunity to the bare minimum, how the concept of Judicial Immunity isn’t even in the US Constitution, and how the founding persons of this country actually rejected the concept of absolute Judicial Immunity in favor of strictly constrained Judicial Immunity in favor of transparency and accountability.

It is explained in this Brief how it was the English Common law system that created Judicial Immunity based upon the fact that the King of the land was chosen by God, and therefore sat as God in a courtroom and could never, ever, do anything wrong.

However, going back as far as the Magna Carta in 1215, the people of England restricted the expansive and never ending whimsical powers of a sovereign in favor of a “Social Contract” style of judicial temperance which made the judges responsible for the life and liberty interest of the populace.  The Magna Carta was the first time in England that at least some of its citizens were given legal rights superior to that of the whims of the King.

Charles I of England, however, defied the people and those working for a “Social Contract” style of judiciary, and continued to assert his powers were absolute, he had no duty to the people, and for this he was charged with Treason and eventually hung. See this brief for more details.

Today someone asked me how much Judges make and I found the following quote:

Despite declining caseloads, stagnant population and the state’s growing deficit, Illinois taxpayers will spend about $39 million more on judicial salaries this year than they did just eight years ago.


There are 56 more judges on the bench today than there were in 2004, and all 967 judges receive a constitutionally guaranteed raise every year.

Illinois’ trial judges — 906 of them on the bench throughout the state — receive the highest salaries for such a post in the country, according to data compiled by a national judicial research organization. The state’s 523 circuit judges make $180,802 a year, while the current roster of 383 associate judges make $171,762 annually. California follows Illinois, paying its highest-ranking trial judges a maximum of $178,789.

Illinois appellate court judges, 54 of them, make $197,032 a year. And the seven Supreme Court justices make $209,344. The higher court jurists have the second-highest salaries in the country, only behind California.

Combined, Illinois judges will be paid $172.6 million in 2012. The payout is 29 percent more than 2004’s.

The high salaries, on top of the increased number of judges, have some critics worried about the impact to taxpayers who help fund the already lucrative judicial pension program. While some retirement benefits have been curbed by recent legislation, that only affects new judges. The vast majority of judges currently on the bench will receive 85 percent of their final salary if they serve 20 years. Judicial pensions also receive an automatic 3 percent cost-of-living increase that’s compounded annually. Most public pensions require 30 to 35 years on the job and max out at 75 percent of a worker’s salary.

“That is a concern, especially when you look at caseloads per judge,” said Kristina Rasmussen, executive vice president of the Illinois Policy Institute, a government spending watchdog organization with offices in Chicago and Springfield. “Our judges, compared to some neighboring states like Wisconsin and Indiana, have lower caseloads, but they’re being paid $60,000 more.”

A study conducted by The U.S. Bureau of Justice Statistics, Conference of State Court Administrators and National Center for State Courts shows that in 2009 Indiana trial judges handled 4,983 cases on average and Wisconsin judges averaged 6,611 cases a year. But the top-ranking judges in those states made almost $50,000 less a year than their counterparts in Illinois who averaged 4,533 cases.

“We’re a state with a relatively low cost of living,” said Collin Hitt, senior director of government affairs for the Illinois Policy Institute. “Why are our judges being paid considerably more than judges across the country? It’s a question with no obvious answer.”

Joe Tybor, a spokesman for the state court administrator, noted that the judiciary budget is “less than 1 percent of the entire state budget” and judicial salaries represent “54 percent of the branch’s budget.”

“Judges have really no control over their salary,” he said. “The overall judicial budget has been flat or declined for the past several years.”

Still, at the same time, the national study showed Illinois felony cases declined 13 percent from a high of 103,642 in 2002 to 90,176 in 2009. The study did not include details on civil, misdemeanor, juvenile or other cases handled by trial judges during that time.

Felonies are handled by full circuit court judges. Despite the felony caseload decline, there are 29 more circuit judges on the bench today than in 2004, according to records reported by the Administrative Office of the Illinois Courts.


Please read the attached brief, it’s important for everyone to understand that we must not allow our Judicial System to run amok. And when lawyers such as I, Ken Ditkowsky and Lane Amu demand judicial transparency, accountability and oversight we are severely disciplined. For this the ARDC awards us with a license suspension from 3 to 4 years and until “further order of court.”

Now is the time to demand accountability, before we lose entirely our precious US Constitution in which no where are to be found the word “judicial immunity.”

The courts do not have a constitutional right to any Judicial Immunity.  Conversely, We the People were provided with a Bill of Rights to ensure that for every wrong, there is in fact a remedy–including when the source of the breach is our own Judicial System and its Courts.


3 thoughts on “From Charles E Lincoln–Burdick v. 5 Justices and how Judicial Immunity is destroying the US and its Judicial System

  1. Amen ! In Maryland , the judge retires with 2/3 of their high salary . Taxpayers pay for this . With judicial immunity , some of these demons in black robes , along with their cronies have tyrannized innocent people and ruined their lives , all because they could . The taxpayers have paid for their tyranny while on the bench and then pay for their pension when they retire . The judicial immunity makes them afraid of nothing .

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