Judge Immunity from Liability for Damages In North Dakota

The State and its employees generally enjoy immunity from liability for discretionary acts. See Bulman v. Hulstrand Constr. Co., 521 N.W.2d 632, 640 (N.D. 1994); N.D.C.C. 32-12.2-02(3)(b). A judge acting within his or her jurisdiction is immune from liability for damages. Pierson v. Ray, 386 U.S. 547, 18 L. Ed. 2d 288, 87 S. Ct. 1213 (1967); Perry Center, Inc. v. Heitkamp, 1998 ND 78, P21, 576 N.W.2d 505; Loran v. Iszler, 373 N.W.2d 870, 874 (N.D: 1985). "On appeal, the trial court is presumed to have acted correctly," State v. Ash, 526 N.W.2d 473, 483 (N.D. 1995), and "the appellant bears the burden of showing error," L.C. v. R.P., 1997 ND 96, P18, 563 N.W.2d 799.