Definition and Reasons for a Lawsuit Against Judges:
A lawsuit against judges is a legal action that aims to seek compensation for damages resulting from the actions or rulings of a judge, provided these actions or rulings are significantly flawed, allowing for such a lawsuit. The general principle is that a judge is not liable for their actions within the scope of their judicial work, as they are exercising a right granted by the law and have discretionary power. However, the Egyptian legislator has allowed, in exceptional cases, the accountability of a judge for damages arising from their judicial actions.
Article 494 of the Civil Procedures Law outlines specific cases in which a judge can be sued and organizes special procedures for this lawsuit to ensure the independence of the judge and their ability to perform their duties without anxiety.
Nature of the Lawsuit Against Judges:
A lawsuit against a judge is not a personal lawsuit but a compensation claim arising from the judge’s judicial work. This lawsuit differs from other liability lawsuits applicable to individuals or government employees.
Cases and Reasons for the Lawsuit Against Judges:
According to Article 494 of the Civil Procedures Law, the cases for suing a judge are limited to:
- Fraud, deception, betrayal, or gross professional error:
- Fraud and deception: Includes deviation from justice with ill intent for considerations contrary to the integrity and impartiality required of a judge.
- Betrayal: Any act by the judge aimed at achieving personal interest at the expense of one party or harming one of them.
- Gross professional error: An error resulting from the judge’s negligence of their duties and insufficient knowledge of what they should know. In this case, ill intent is not presumed.
- Refusal of the judge to respond to a submitted petition or rule on a case ready for judgment after being warned twice by a bailiff.
- Other cases stipulated by law for the judge’s liability and judgment of compensation.
Procedures for the Lawsuit Against Judges:
Filing Deadline: There is no specific deadline for filing a lawsuit against judges in the law, thus the general rules of the civil liability lawsuit limitation period apply. The lawsuit is time-barred after three years from the date the harmed party knew about the damage and its cause, or after fifteen years from the date of the harmful act.
Competent Court: The lawsuit against judges goes through two main stages, each with a competent court:
- Stage of examining the admissibility of the lawsuit:
- If the sued judge is from the lower court, primary court, or court of appeal: the lawsuit is reviewed by a panel of the Court of Appeal (a regular panel of three judges).
- If the sued judge is from the Court of Cassation: the lawsuit is reviewed by one of the panels of the Court of Cassation. If the judgment allows the lawsuit, it proceeds to the next stage. If the judgment does not allow it, the plaintiff is fined not less than 400 EGP and not more than 4000 EGP, in addition to the confiscation of the guarantee and compensation if any.
- Stage of examining the subject of the lawsuit:
- If the sued judge is a lower or primary court judge: the lawsuit is reviewed by a regular panel of the Court of Appeal other than the panel that reviewed the first stage.
- If the sued judge is an appellate court judge: the lawsuit is reviewed by a special panel of seven judges from the Court of Appeal based on their seniority.
- If the sued judge is a Court of Cassation judge: the lawsuit is reviewed by the panels of the Court of Cassation combined.
How to File the Lawsuit: The lawsuit against judges is filed by a report submitted to the Court of Appeal registry to which the sued judge belongs. The report must be signed by the applicant or their specially authorized representative and must include the reasons for the lawsuit and supporting evidence, in addition to a guarantee deposit of 500 EGP.
Effects of the Judgment Allowing the Lawsuit: If the judgment allows the lawsuit, the sued judge or prosecutor is ruled against for nullifying their action and for compensation and costs. The judgment in the lawsuit against judges can only be appealed through cassation.