Which type of immunity applies to judges and legislators?

Judges and legislators are afforded absolute immunity in the performance of their official duties. This type of immunity protects them from being sued for actions taken in their official capacities, recognizing the need for judicial independence and legislative function without the fear of personal liability.

The underlying principle of absolute immunity is that it allows these officials to make decisions and exercise their judgment freely, which is essential for the proper functioning of the judiciary and the legislature. It recognizes that allowing lawsuits against judges or legislators could undermine their ability to perform their roles effectively and could interfere with the administration of justice and the legislative process.

In contrast, qualified immunity, for instance, protects government officials from personal liability unless they violated a clearly established statutory or constitutional right. Sovereign immunity generally pertains to the government as a whole, preventing legal action against the state unless it consents to the suit, and contractual immunity would refer to protections related to breach of contract scenarios, which do not apply to the roles and actions of judges and legislators within their official capacities.