Legal Question in Criminal Law in Massachusetts
Clarification needed on Professional Codes of Conduct vs Cannons. These are set into place to abide by but my question is; if a judge let's say has taken a bribe from an attorney to win cases. The judge cannot be sued because he/she can claim immunity. Does this apply to only a civil matter or can the judge be sued for criminal where he or she cannot claim immunity? I know the attorney cannot use immunity and he or she can be sued but what about the judge who accepted the bribe(s)?
2 Answers from Attorneys
There is no automatic immunity for criminal conduct that I am aware of. If the prosecutor decides for various reasons to give a criminal defendant immunity that, obviously, is different. I have not looked at the issue, but also suspect judges and lawyers could indeed be sued civilly for illegally giving/taking bribes. I don't think the "litigation privilege" extends to insulate anyone from criminal conduct made within the litigation context. Finally, the Code of Professional Responsibility and Cannons of Ethics are unrelated to the question you presented. They bring separate consequences with the Board of Bar Overseers (separate from civil and criminal liability), which regulates attorneys and judges admitted to practice in Massachusetts.
Attorney Tiedemann's answer seems to address this question reasonably well. The U.S. Supreme Court has ruled that even a sitting President of the United States does not have immunity for criminal acts.
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