Judicial Liability Actions Against Judges Under the Egyptian Code of Civil Procedure

A judicial liability action is a legal claim seeking compensation for damages resulting from a judge’s conduct or judicial rulings, provided that such conduct or rulings are tainted by a serious defect that legally justifies bringing such an action.

The general principle is that judges are not personally liable for acts performed within the scope of their judicial duties, since they exercise powers granted by law and enjoy discretionary authority in adjudication. However, Egyptian law permits, in exceptional circumstances, holding a judge liable for damages arising from judicial acts.

Nature of the Judicial Liability Action

A judicial liability action against a judge is not considered a personal lawsuit against the judge; rather, it is a compensation claim arising from the exercise of judicial functions. This action differs from ordinary civil liability claims applicable to other individuals.

Legal Provisions Governing Judicial Liability Actions

(Articles 494 to 500 of the Egyptian Code of Civil Procedure)

Article 494:

Judges and members of the Public Prosecution may be challenged in the following cases:

1. Where the judge or prosecutor commits fraud, deceit, bad faith, or gross professional error in the course of duty.
2. Where a judge refuses to respond to a petition submitted to him or refuses to adjudicate a case ready for judgment after having been formally notified twice through a court bailiff, with the following intervals between notifications, Twenty-four hours regarding ex parte orders; Three days regarding judgments in minor, urgent, and commercial cases; Eight days in all other cases. A judicial liability action may not be filed in this case until eight days have elapsed from the date of the last notice.
3. In all other cases where the law expressly provides for the judge’s liability and compensation.

Article 495:

A judicial liability action shall be initiated by filing a report with the registry of the Court of Appeal to which the challenged judge or prosecutor belongs. The report must be signed either by the claimant or by an attorney holding a special power of attorney. Upon filing the report, the claimant must deposit EGP 500 as security.

The action shall be referred by order of the President of the Court of Appeal to one of its circuits after serving a copy of the report upon the judge or prosecutor. The matter shall then be heard in chambers at the first session held after the lapse of eight days from the service date. The court registry shall notify the claimant of the hearing date.

Article 496:

The court shall determine whether the grounds of challenge are connected to the case and whether the claim is admissible, after hearing; the claimant or his representative, the challenged judge or prosecutor, as applicable, and the Public Prosecution, if it intervenes in the proceedings.

Where the challenged judge is a counselor at the Court of Cassation, the admissibility of the action shall be decided by one of the chambers of the Court of Cassation sitting in chambers.

Article 497:

If the court rules that the judicial liability action is admissible and the challenged person is a judge of a Court of First Instance or a member of the Public Prosecution attached thereto, the court shall schedule a public hearing before another circuit of the Court of Appeal to examine the merits of the claim.

Judgment shall be rendered after hearing: the claimant, the challenged judge or prosecutor, and the Public Prosecution, if it intervenes.

If the challenged person is a counselor at a Court of Appeal, the Public Prosecutor, or an Advocate General, the matter shall be referred to a special panel composed of seven counselors according to seniority.

If the challenged person is a counselor at the Court of Cassation, the matter shall be referred to all chambers of the Court collectively.

Article 498:

The judge shall become disqualified from hearing the original case from the date on which the judgment declaring the admissibility of the judicial liability action is issued.

Article 499:

If the court rules that the judicial liability action is inadmissible or dismisses it, the claimant shall be ordered to pay: a fine ranging from EGP 400 to EGP 4,000, forfeiture of the security deposit, and compensation where appropriate. If the court upholds the judicial liability action, it shall order: nullification of the challenged judicial act, compensation against the challenged judge or prosecutor, and payment of costs.

However, the court may not invalidate a judgment rendered in favor of another litigant who is not a party to the judicial liability action unless such litigant has been notified to present observations. In such case, the court may decide the original dispute itself if it considers the matter ready for judgment after hearing the parties.

Article 500:

Judgments rendered in judicial liability actions may only be challenged before the Court of Cassation.

Grounds for Judicial Liability Actions

First Ground: Fraud, Deceit, Bad Faith, or Gross Professional Error

• Fraud and Deceit: This occurs where a judge intentionally deviates from justice and impartiality in favor of one litigant or to harm another party.
• Bad Faith: Occurs where the judge obtains a personal benefit or interest through the exercise of judicial office at the expense of litigants.
• Gross Professional Error: A grave and excessive error that would not ordinarily be committed by a prudent judge. It constitutes severe negligence in the performance of judicial duties, whether related to the application of law or the assessment of facts.
• Denial of Justice: Occurs where a judge or prosecutor refuses to respond to a litigant’s request or refuses to adjudicate a dispute.

Second Ground: Refusal to Adjudicate After Formal Notices

Where a judge refuses to respond to a petition or refuses to render judgment in a case ready for adjudication after being formally notified twice through a bailiff with the legally prescribed intervals.

Third Ground: Other Cases Provided by Law

These include any instances where legislation expressly imposes liability upon a judge and entitles the injured party to compensation:

1. Invalidity of Judgment: Where a judgment is annulled because its signed draft containing reasons was not deposited upon pronouncement, the responsible judge may incur civil liability.
2. Other Compensation Cases: Any additional situations expressly provided by law whereby a judge may be held liable for damages.

Difference Between Judicial Error and Judicial Bias

Judicial Error: Refers to gross professional error, fraud, deceit, bad faith, or denial of justice committed during adjudication.

Its purpose is remedial, namely compensation for damages caused by the defective judicial act.

Judicial Bias and Recusal: A request submitted by a litigant seeking removal of a judge from hearing the case due to circumstances affecting impartiality or independence.

Its purpose is preventive, namely avoiding the issuance of an unfair judgment.

Procedures for Filing a Judicial Liability Action

1. The action is initiated by filing a report with the registry of the competent Court of Appeal by the claimant or an attorney holding a special power of attorney. The claimant must deposit EGP 500 as security.
2. The report must include: the grounds of challenge, supporting evidence, and all relevant documents. The claim is then referred to a circuit of the Court of Appeal after notifying the challenged judge or prosecutor.
3. The registry shall notify the claimant of the hearing date.

Stages of Judicial Liability Proceedings

1- First Stage: Admissibility Stage (In Chambers)

Filing the report before the competent court. Depositing the required security. The court examines the seriousness and legal basis of the claim in chambers. The court then renders a judgment either: declaring the claim admissible, or rejecting it. If rejected, the claimant may be ordered to pay fines and compensation.

2- Second Stage: Examination of the Grounds

The court examines whether the grounds relied upon fall within the legally recognized cases of judicial liability such as fraud, deceit, or gross professional error.

3- Third Stage: Public Hearing on the Merits

If admissibility is granted: a public hearing is scheduled, the parties and the challenged judge are heard, additional evidence may be submitted.

The court then renders its final judgment. If the judicial liability action is upheld: the challenged judgment is annulled, compensation is awarded against the judge.

Effect of Judicial Liability Proceedings on the Original Case

1. Nullification of the Challenged Judgment: Where the judicial liability action is upheld, the challenged judgment becomes null and void by operation of law.
   The original dispute is then reheard before another judge or judicial panel.
2. Stay of Proceedings: Upon filing the judicial liability action, the court may order suspension of the original proceedings if they are still pending.
3. Effect Toward All Parties: The invalidation of the judgment benefits all parties affected by the challenged ruling, not only the claimant.
4. Rehearing Before the Competent Court: Following annulment, the original case returns to the competent court to be reheard by a different judicial panel.

Limitation Period for Filing a Judicial Liability Action

A judicial liability action must be filed within: three months from the date of discovering the fraud or gross professional error; or no later than three years from the date of the act giving rise to liability.