17 votes
Accepted

Personal Misconduct That May Result in a Lawyer's Censure or Disbarment

The Texas Disciplinary Rules of Professional Conduct govern the issue of the grounds upon which lawyers admitted to practice in Texas may receive professional discipline such as censures, suspension ...
ohwilleke's user avatar
  • 206k
10 votes

Personal Misconduct That May Result in a Lawyer's Censure or Disbarment

All state bar associations have written ethical standards - personal and professional - for any attorney who has been admitted to practice, as well as disciplinary processes for enforcing those ...
BlueDogRanch's user avatar
  • 18.8k
9 votes
Accepted

Imbler v. Pachtman and Texas prosecutor Ken Anderson

Imbler says that a prosecutor is immune from civil damages in suits brought under Section 1983. The Court made a point of noting that it was not shielding protectors from criminal penalties: We ...
bdb484's user avatar
  • 58.2k
7 votes

Can a judge make it case law that 2×2=5?

Appellate judges make holdings on matters of law, and generally defer to the fact-finder in a given case (the jury, or sometimes the judge) on factual matters relevant to a case. So in a case that ...
David Reed's user avatar
6 votes

Exclusionary Rule and testimony

First, if the police officer had reasonable cause to believe that a crime was in progress then the search would not be illegal in the first place. However, let's assume the search was illegal. ...
Dale M's user avatar
  • 205k
5 votes

If a judge says in court that he trusts the other party would this amount to judicial misconduct?

A Judge, particularly in a custody case, is supposed to form opinions on who is trustworthy. But the Judge saying that he trusts Janice need not mean that the Judge will rule against Bob, and is not ...
David Siegel's user avatar
5 votes

Dealing with drunken guy harassing us over anti-vaxxer and conspiracy theories, and cops won't do a thing?

The Missouri trespass law is here. The police will not detain a person for expressing himself, even repeatedly, though a court order to stay away would change things. The law says A person does not ...
user6726's user avatar
  • 215k
4 votes

Can a police officer be charged with despotism?

To the best of my knowledge, there is no crime under US law known as "despotism". However, many of the actions that might be called "despotism" are crimes, civil violations, or ...
David Siegel's user avatar
4 votes

Can a judge be removed from a trial for bias?

A party can ask a judge to recuse at the outset of a case for bias or other reasons (e.g. a family connection to a party). Generally, a judge rules on that motion personally and it is an interlocutory ...
ohwilleke's user avatar
  • 206k
3 votes

Can a judge make it case law that 2×2=5?

united-states Will the judge not face any disciplinary consequences but just public outcry and reputation damages? The judge will be absolutely immune from civil liability for this decision. A ...
ohwilleke's user avatar
  • 206k
3 votes

Imbler v. Pachtman and Texas prosecutor Ken Anderson

The main reason was that there was no trial or argumentation, he negotiated a light sentence for entering a plea of nolo contendere to a charge of criminal contempt. The holding in Imbler v. Pahctman ...
user6726's user avatar
  • 215k
3 votes

If a judge says in court that he trusts the other party would this amount to judicial misconduct?

Generally, in a trial (except a bench trial), a judge is exclusively a "trier of law", which means that they concern themselves with running the trial in a legal matter, and resolving ...
sharur's user avatar
  • 8,775
3 votes

Permissibility of ex-parte communication for judges in the US

The prohibition is primarily on the parties communicating ex parte with the judge. The point is to ban communications that one party may use to gain advantage in a case that the other party does not ...
ohwilleke's user avatar
  • 206k
3 votes

Can police receive prison time for misconduct?

There is no crime of "police misconduct" in the US, but murder or theft are certainly crimes which would qualify as "police misconduct". To take a real case, an officer in Georgia was convicted of ...
user6726's user avatar
  • 215k
2 votes

Can a Judical Misconduct Complaint be read or searched for?

It cannot until the complaint has been ruled on. Examples of specific complaints can be found online only if the author(s) publishes them after the Court has ruled on it, or the court issues an order ...
Carduus's user avatar
  • 439
2 votes

Does this conduct amount to any actionable judicial bias?

Judges generally have wide discretion on scheduling issues. If Rob's law firm X was indeed closed on the scheduled date that is reason enough to postpone, and that kind of postponement need not be ...
David Siegel's user avatar
1 vote

Can it be judicial misconduct to not rebut arguments of losing party?

A judge does not have to address every argument raised in their judgement Otherwise every judgement would be absurdly long. All the judgement needs to demonstrate is that the judge turned their mind ...
Dale M's user avatar
  • 205k
1 vote

Can police receive prison time for misconduct?

For a police officer, there's a usually a difference between "misconduct" and "committing a crime", and another difference between "committing a crime" and "committing a crime that gets you sent to ...
gnasher729's user avatar
  • 33.3k
1 vote

Is the Code of Conduct of an institution legally binding in the UK?

Despite your second paragraph, whether officials a Code of Conduct is legally binding is not the same question as whether the officials subject to it can be "held to account by the law". Decisions ...
Tim Lymington's user avatar

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