Does Immunity Follow Judges Delegation of Authority ?
In Texas, a judge acting in his or her official judicial capacity is absolutely immune from liability for judicial acts performed within the scope of jurisdiction. See Dallas County v. Halsey, 87 S.W.3d 552, 554, 46 Tex. Sup. Ct. J. 51 (Tex. 2002) (citing Stump v. Sparkman, 435 U.S. 349, 55 L. Ed. 2d 331, 98 S. Ct. 1099 (1978)).
When a judge delegates another person to perform services for the court, or when a person otherwise serves as an officer of the court, the judge's immunity "follows" that delegation or court employment. Halsey, 87 S.W.3d at 554.
The person acting in such a capacity also enjoys an absolute immunity, which we call derived judicial immunity. Id.