85 Wash. 50 | Wash. | 1915
— Theplaintiff, George L. Houghton, seeks recovery of damages which he alleges resulted to him from slanderous and defamatory words spoken of him by the defendant, John E. Humphries, a judge of the superior court for King county. The defendant demurred to the plaintiff’s complaint upon the ground, among others, that it does not state facts constituting a cause of action. This demurrer was sustained by the trial court, and the plaintiff electing to stand upon his complaint and not plead further, judgment of dismissal was rendered against him. From this disposition of the cause, the plaintiff has appealed.
It appears from the allegations of the complaint that the words upon which appellant rests his right of recovery were spoken by respondent in the course of a judicial proceeding in a department of the superior court for King county while he was presiding therein as judge. We are inclined to the view that the words complained of are not actionable in any event, and also that the allegations of the complaint fail to negative their relevancy to the proceeding during the course
“We meet with the principle here stated as early as the Book of Assise, 27 Ed. III. pl. 18. The case there was, that A. was indicted, for that, being a judge of oyer et terminer. certain persons were indicted before him of trespass, and he had entered upon the record that they were indicted of felony, and judgment was demanded, if he should answer for falsifying the record, since he was a judge by commission; and all the judges were of opinion that the presentment was void.”
In Dunham w. Powers, 42 Vt. 1, there was involved a charge of slander against a juror for words spoken in the jury room by him of the plaintiff. In holding the juror absolutely exempt from liability therefor, Judge Prout, speaking for the court at p. 8, said:
“In O’Donaghue v. M’Govern, 23 Wend. 26, Cowen, J. observes: ‘Sometimes the person complained of is absolutely protected. This would be so where the libel was published by him in the course of his business or duty as a member of the legislature. The place protects him. So of judges, jurors and witnesses,’ while and when they are acting in the line of their business or duty. These principles we think not only
In Rice v. Coolidge, 121 Mass. 393, 395, 23 Am. Rep. 279, Justice Morton said:
“It seems to be settled by the English authorities that judges, counsel, parties and witnesses are absolutely exempted from liability to an action for defamatory words published in the course of judicial proceedings. Henderson v. Broomhead, 4 H. & N. 569; Revis v. Smith, 18 C. B. 126; Dawkins v. Rokeby, L. R. 8. Q. B. 255, and cases cited; affirmed, L. R. 7 H. L. 744; Seaman v. Netherclift, 1 C. P. D. 540. The same doctrine is generally held in the American courts, with the qualification, as to parties, counsel and witnesses, that, in order to be privileged, their statements made in the course of an action must be pertinent and material to the case. White v. Carroll, 42 N. Y. 161; Smith v. Howard, 28 la. 51; Barnes v. McCrate, 32 Me. 442; Kidder v. Parkhurst, 3 Allen 393; Hoar v. Wood, 3 Met. 193.”
In Spalding v. Vilas, 161 U. S. 483, 494, Justice Harlan, speaking for the court, said:
“The same principle was announced in England in the case of Fray v. Blackburn, 3 B. & S. 576, in which Mr. Justice Crompton said: ‘It is a principle of our law that no action will lie against a judge of one of the superior courts for a judicial act, though it be alleged to have been done maliciously and corruptly; therefore, the proposed allegation would not make the declaration good. The public are deeply interested in this rule, which, indeed, exists for their benefit and was established in order to secure the independence of the judges and prevent them from being harassed by vexatious actions/ The principle was applied in one case for the protection of a county court judge, who was sued for slander, the words complained of having been spoken by him in his capacity as judge, while sitting in court, engaged in the trial of a cause in which the plaintiff was defendant. Chief Baron
These observations render plain the necessity of the rule of public policy which prevents inquiry into the question of relevancy of the words spoken to the public matter in hand. The exemption is absolute if they are spoken in the performance of an official act. No decision has come to our notice out of harmony with this view. A judge, for any such wrong, is answerable only to the public, through such process of law, impeachment or otherwise, as may be provided.
The judgment is affirmed.
Morris, C. J., Holcomb, Mount, and Chadwick, JJ., concur.