What is the difference between professional codes of conduct versus cannons?

Question

I have a question that any lawyer is capable of asking regardless of what you specialize in.  Both Lawyers and Judges take an oath and the BBO sets forth professional codes of conducts for lawyers and cannons for judges to abide by.  If they violate any of these, then they are held accountable for their actions and can be disbarred if extreme enough.  However judges have immunity.  Does this mean for example a judge can accept a bribe from a lawyer to prevail in a case and only the lawyer is held accountable because the judge can claim immunity and not be sued and basically get away with it?

Christopher Steuart · Answer

A code of professional responsibility may be legally enforceable and or enforceable by a professional association and may be a basis of a civil action in malpractice. A cannon is a name for artillery (tube) and is derived from an Italian word for tube and is a name derived from one class (size) of the artillery during the late middle ages-early renaissance that has become a commonly used word to describe all tube artillery.

Andrew Velonis · Answer

Sounds like you have a good start on your research.  There should be particular rules applying to judges in the area that you are looking.

Edwin K. Niles · Answer

The judge is certainly not immune in such a case.

Ronald Nims · Answer

A professional code of conduct is a specific set of rules that require ethical conduct by lawyers and judges. Cannons are weapons that use explosives to propel large shells at high speeds towards a target. Canons are general statements of ethical conduct.  So a canon might be a general principle such as: Judges should avoid the appearance of inappropriate conduct. While the code of conduct would have specific rules such as: ?A judge may not appear in an advertisement for a lawyer. A judge may not borrow money from a lawyer who appears in her court.

Norman Green · Answer

A judge has no immunity for crimes he commits, especially accepting a bribe.

Ronald A. Steinberg · Answer

In my opinion, they are essentially the same. Lawyers and judges have rules to follow. Some rules are enforceable by censure, by sanctions, by penalties, etc. Some are merely "appropriate." For example, we are supposed to act professionally. So in the heat of the situation, if I am rude or offensive, it won't necessarily result in my losing my license to practice, or in someone filing a grievance. On the other hand, if I lie, steal or cheat, I could lose my license and get punished financially and/or criminally.

Ronald Dessy · Answer

Judges have some immunity related to the actions they take in connection with the cases before them. That immunity does not apply to criminal offenses or to governmental agency administrative actions against judges who violate the rules.

James Frederick · Answer

If a judge is found guilty of acting illegally, the judge can be held accountable in a number of ways, including criminally.

James Edward Smith · Answer

Codes are required; canons are suggestions.

Dorothy Bunce · Answer

Judges have their own code of ethics that they must abide by.  In addition, civil & criminal laws address issues involving bribery of a public official.

Steven Fluhr · Answer

There is a code of judicial conduct which a Judge must abide by. Taking a bribe would lead to disbarment of the Judge as well. Judicial immunity only applies to lawsuits filed against a judge seeking civil damages for an act taken in a judicial capacity.

Richard Rice · Answer

A judge cannot accept a bribe from anyone and if proved the judge probably would be removed from the bench.  You would need to provide specific, provable facts for an attorney to adequately answer your overall inquiry.

James Maguire · Answer

All lawyers (including judges) are bound by a code of ethics, called by   different names in different states. In Louisiana it is the Code Of  Professional  Responsibility.   Usually, lawyers and judges are disciplined by different  organizations. In  La it is the Office Of Disciplinary Counsel for lawyers and a  Judiciary  Commission for judges.    Judges have only CIVIL immunity. You can't sue a judge because he rules   against you. If he was bribed to rule against you, he can be removed from   office, disbarred and face criminal charges.

William Sanders · Answer

I do not know what this is: BBO      Therefore, I presume you are not in GA.  difference between professional codes of conduct versus cannons would depend on the law in the state.   The code of professional conduct varies from state to state.   Judges have immunity from suits, but no, a judge may not accept a bribe and get away with it.  That is a crime, he/she may be prosecuted.   Judges are accused of bribes all the time, simply because one side lost.  It is more likely you are wrong about this.    You should get your facts straight before you accuse others.

Jayne Sebby · Answer

Judges are held to a higher standard than lawyers and if they violate the cannons, code, or model of conduct, they can be removed from office and even disbarred.  Judges do not have immunity for illegal actions such as taking bribes.  They are only protected when a decision based on valid law proves unpopular with the public.

Daniel Edelman · Answer

Judges have immunity for damages for judicial acts (acts performed in connection with a case).  Allegations of bribery may be the basis of criminal prosecution, but not civil suits.

Mark T. Peters · Answer

I believe the immunity only applies to the judge's decisions that are made in accordance with the Canons.  In other words, if a judge took a bribe, that is (1) illegal and (2) unethical and the judge would suffer sanctions for it if it became known.

Ernest Linek · Answer

No  judges can be removed from the bench for such actions.

Jared Austin · Answer

No, that is not correct. A judge does not have immunity from prosecution for bribes, such as accepting bribes.

John Brennan · Answer

A bribe will cause both to potentially lose their license, profession and perhaps freedom.

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