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MIRELES v. WACO Per Curiam

Second, a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction. Id., at 356–357; Bradley v. Fisher, 13 Wall., at 351. We conclude that the Court of Appeals erred in ruling that Judge Mireles’ alleged actions were not taken in his judicial capacity. This Court in Stump made clear that “whether an act by a judge is a ‘judicial’ one relate[s] to the nature of the act itself, i. e., whether it is a function normally performed by a judge, and to the expectations of the parties, i. e., whether they dealt with the judge in his judicial capacity.” 435 U. S., at 362. See also Forrester v. White, 484 U. S., at 227–229. A judge’s direction to court officers to bring a person who is in the courthouse before him is a function normally performed by a judge. See generally Cal. Civ. Proc. Code Ann. §§ 128, 177, 187 (West 1982 and Supp. 1991) (setting forth broad powers of state judges in the conduct of proceedings).2 Waco, who was called into the courtroom for purposes of a pending case, was dealing with Judge Mireles in the judge’s judicial capacity. Of course, a judge’s direction to police officers to carry out a judicial order with excessive force is not a “function normally performed by a judge.” Stump v. Sparkman, 435 U. S., at 362. But if only the particular act in question were to be scrutinized, then any mistake of a judge in excess of his authority would become a “nonjudicial” act, because an improper or erroneous act cannot be said to be normally performed by a judge. If judicial immunity means anything, it 2

California Civ. Proc. Code Ann. § 128 (West Supp. 1991) provides in pertinent part: “Every court shall have the power to do all of the following:. . . (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” See Ligda v. Superior Court of Solano County, 5 Cal. App. 3d 811, 826, 85 Cal. Rptr. 744, 753 (1970) (public defender is “ ‘ministerial officer’ ” and one of “ ‘all other persons in any manner connected with a judicial proceeding’ ” within the meaning of § 128, and may be ordered to appear to assist criminal defendant).