Legal immunity from suit or liability (in civil litigation) or immunity from prosecution (in criminal prosecutions) is a legal status that protects an individual or entity from liability or criminal prosecution. Immunity may be given to the person or entity by law (usually a state or federal statute) or by the agreement of a party to the litigation (usually in the context of a criminal prosecution)—generally for some greater policy goal. Some common types of immunity include (1) judicial immunity; (2) witness immunity; (3) diplomatic immunity; and (4) governmental or sovereign immunity.
In Vermont, as in other states, various forms of legal immunity protect certain individuals and entities from civil lawsuits or criminal prosecution. Judicial immunity in Vermont shields judges from liability for acts performed in their official capacity, ensuring that judges can perform their duties without fear of personal consequences. Witness immunity may be granted to witnesses in criminal cases to encourage them to testify without fear of prosecution based on their testimony. Diplomatic immunity, governed by federal law and international treaties, protects foreign diplomats from legal action in the U.S. Lastly, governmental or sovereign immunity generally protects the state of Vermont and its agencies from being sued without its consent, although this immunity can be waived in certain circumstances, such as under the Vermont Tort Claims Act, which allows for some lawsuits against the state for damages caused by the negligent or wrongful acts of its employees. It's important to note that the application of immunity can be complex and context-specific, often requiring an attorney to navigate the nuances of each case.