Part 1 — .1
9.51 Action for damages
or omitted to be done in the execution of the judge's duty or for any
act done in a matter in which the judge has exceeded the judge's
jurisdiction unless it is proved that the judge acted maliciously and
without reasonable and probable cause.
(2) No action for the recovery of damages lies against a judge in
respect of an order or warrant made or sentence imposed, whether
before or after the coming into force of this Act, by a judge while
acting in the place of any other judge who has then ceased for any
reason to be a judge, if the order, warrant or sentence could have
been lawfully made or imposed by the judge by whom the
conviction was made.
(3) No action for the recovery of damages lies against a judge in
respect of an order or warrant made or sentence imposed, whether
before or after the coming into force of this Act, against, on or in
respect of a person who had been previously convicted by another
judge but had not been sentenced by that other judge, if the order,
RSA 2000
warrant or sentence could have been lawfully made or imposed by
the judge by whom the conviction was made.
(4) No action for the recovery of damages lies against any person
in respect of an act or thing done or omitted to be done at any time,
whether before or after the coming into force of this Act, in the
execution of an order, warrant or sentence to which subsection (1),
(2) or (3) relates, or purporting to be done in compliance with or
incidental to an order, warrant or sentence.
(5) The Minister of Justice may make a payment for damages or
costs, including lawyer's charges incurred by the judge in respect
of an act, omission or matter described in subsection (1), (2) or (3).
RSA 2000 c16(Supp) s6;2009 c43 s146;2013 c10 s34;
2022 c20 s3