Can you report a judge for not appointing guardian ad litem for child abuse

Question

Can you report a judge for not appointing a guardian ad litem for child abuse in the state of Mississippi when one is requested and, where it is mandatory to automatically appoint a guardian ad litem when dealing with child abuse in MS. What might be the repercussions be of said judge if there is a way to report them through the state?

Answer 1

Judicial Immunity

The decision could be appealed to a higher court, but judges normally have absolute immunity from civil lawsuits for official actions, even when these are blatantly malicious and clearly wrong. Only when actual bribery is proved are there likely to be consequences to the judge.

Judicial Code

According to the Mississippi CODE OF JUDICIAL CONDUCT

Cannon 2 Section A reads:

A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary

Cannob 3 Section D (1) reads:

A judge who receives information indicating a substantial likelihood that another judge has committed a violation of this Code should take appropriate action. A judge having knowledge that another judge has committed a violation of this Code that raises a substantial question as to the other judge's fitness for office shall inform the appropriate authority

So if one reports improper conduct by any judge to another judge, the 2nd judge is required to forward the report to the appropriate supervisory authority, which may act on it.

Child abuse

According to Findlaw's page on "Mississippi Child Abuse Laws"

Child abuse in Mississippi is defined as causing or allowing a child to be sexually abused or exploited, emotionally abused, mentally injured, non-accidentally physically injured, or otherwise maltreated.

...

Felony child abuse is intentionally, knowingly or recklessly doing any of the following to a child, whether or not harm results:

• Burn
• Physically torture
• Strangle, choke, or smother
• Poison
• Starve
• Use a deadly weapon on

It’s also felony child abuse to cause serious bodily harm to a child (for example, breaking bones or causing permanent disfigurement, scarring, internal bleeding, brain damage, eye or ear injuries) by intentionally, knowingly or recklessly:

• Striking on the face or head
• Disfiguring or scarring
• Whipping, striking, or otherwise abusing

Finally, felony child abuse is causing a child bodily harm (such as bruising, bleeding, or soft tissue or internal organ swelling) by intentionally, knowingly, or recklessly:

• Throwing, kicking, biting, or cutting
• Striking a child under 14 on the face or head with a closed fist
• Striking a child under 5 on the face or head
• Kicking, biting, cutting, or striking a child’s genitals (except for male circumcision)

Failing to appoint a guardian ad litem does not seem to fit any of those, nor even to come close.