22 Judges J. 1 (1983)

handle is hein.journals/judgej22 and id is 1 raw text is: Court

Professional Liability Insurance
for Judges Moves Forward
Professional liability insurance has been made avail-
able to federal trial and appellate judges, following ap-
proval by the ABA Board of Governors at the Midyear
Meeting. A similar plan for state and administrative
judges is under consideration by the JAD Committee
on Judicial Immunity which will be presenting its
recommendations to the JAD Council at the 1983 An-
nual Meeting in Atlanta.
The insurance for federal judges, developed by the
National Conference on Federal Trial Judges, will be
offered by the National Union Fire Insurance Com-
pany of Pittsburgh. The policy, which is available on
an individual basis at the annual premium of $100,
provides a maximum liability of $500,000.
We're offering this as a service to all federal
judges, said U.S. District Judge James Harvey of
Bay City, Michigan, chairman of the National Confer-
ence of Federal Trial Judges. We're not looking to in-
vite lawsuits. But this area of the law is very hazy at this
time. We know there is no absolute immunity as we get
into a judge's administrative acts, such as hiring per-
sonnel. It's in this area that we're trying to cover the
The agent for federal insurance, H.L. Jamison and
Company of New York, will handle administrative
details, while the National Conference of Federal Trial
Judges handles the marketing and promotion.
The insurance for federal judges was developed
mainly due to the effort of U.S. District Judge
Frederick B. Lacey. According to Judge Harvey,
He's the one in our conference most deserving of
Under the terms of the policy, National Union will
pay on behalf of the insured all sums which the
insured shall become legally obligated to pay as
damages because of any wrongful act, error or
omission of the insured or of any person for
whose acts, errors or omissions the insured is
legally responsible provided such acts, errors or
omissions arise in the insured's judicial or related
adminstrative capacities.
The policy does not apply to (a) any criminal

act or acts or any claims arising therefrom; (b) to
any claim for bodily injury or death of any person
or to injury to or destruction of any tangible prop-
erty including the loss of use thereof; however,
this exclusion shall not apply to claims for emo-
tional or mental distress; (c) to any damages aris-
ing out of liability attributable to a conflict of in-
terest between the Insured's judicial or related ad-
ministrative functions and any of his activities as
a director, officer, partner, investor, or trustee of
any private or charitable organization; however,
the Company shall defend any claims until a final
adjudication of such liability; and (d) to any puni-
tive or exemplary damages where such damages
are uninsurable pursuant to the law under which
such damages are awarded; however, the Com-
pany shall provide a defense for any claims seek-
ing such damages.
The success of the National Conference on Federal
Trial Judges has spurred the full JAD to develop a pro-
gram for all judges. Judge Phillip Roth, chairman of
the Committee on Judicial Immunity, is preparing a
poll of all members of the JAD to get their views
about the insurance program. Results of that poll
should be ready along with that committee's recom-
mendations in time for the Annual Meeting.
More than 35,000 complaints were filed against
judges in 1981, according to the American Judicature
Society. Inquiries by state judicial conduct commis-
sions resulted in 22 private censures, 33 public cen-
The JAD Moves to
New Address in Chicago
The offices of the Judicial Administration Divi-
sion are moving to the ABA's downtown Chicago
offices. The new address is: 33 W. Monroe St.,
Chicago, Illinois 60603, telephone: (312) 621-9200.
The move will take place around April 15. The
offices of the Judges' Journal will remain at the
1155 E. 60th St., Chicago, IL 60637 address,
telephone: (312) 947-4076 or (312) 947-4065, as
the magazine's production facilities are there.

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