This bill amends Minnesota Statutes 2024, section 3.736, to limit the defenses of judicial and quasi-judicial immunity in civil law cases. It introduces a new subdivision (1a) that specifies conditions under which these immunities do not apply. Specifically, the defense will not be available if the act or omission in question violated a nondiscretionary ministerial requirement or the Code of Judicial Conduct, and was done in bad faith or with actual malice. The bill defines "actual malice" and "bad faith" to clarify the standards for these terms.

Additionally, the bill establishes a presumption of good faith and lack of malice for defendants claiming judicial or quasi-judicial immunity, which can only be rebutted by the plaintiff providing clear and convincing evidence of bad faith or malice. The effective date for these changes is set for August 1, 2026, and they will apply to causes of action arising on or after that date.

Statutes affected:
Introduction: 3.736