Is a Judge a Fiduciary? The Argument:
Posted on: May 21, 2009 by: adminWhen I realized the judge had just used his official position to benefit himself I put together a motion for substitution of judge based on breach of fiduciary duty principles. Here is the argument I made in that motion:
24. District Court Judge Daniel Naughty by accepting the position of judge has assumed a position of fiduciary trust and the duties that arise with it. This position of fiduciary trust exists both as a matter of law and by virtue of the fact that Judge Naughty occupies a superior position relative to parties in his court. This superior position assumed by Judge Daniel Naughty has put upon him the duty to act in the dependent party’s best interest and has given him legal authority to do so. Many of Judge Daniel Naughty’s fiduciary duties are set forth in statutes, regulations, or customs that have been adopted for the protection of the people.
25. When District Court Judge Daniel Naughty violates the law, as is enumerated in ΒΆΒΆ 11-23 supra it is a violation of a fiduciary relationship and the corruption of a public trust.
26. As a fiduciary, Judge Daniel Naughty can act as such only subject to the consent and control of the principal to whom he owes a fiduciary duty; in this instant case that would be the State of Colorado, a government run by and for The People.
27. As a fiduciary, Judge Daniel Naughty has a duty to act with the utmost faith and loyalty in behalf of, and to act solely for, the benefit of The People. To permit Judge Daniel Naughty to divide his loyalties and duties where the issues are so interrelated as to become one, has unfairly allowed him to use information that came to him in his position as a judge solely for his own benefit and allow him to use his superior position as a final arbiter to the detriment of The People. One of Judge Daniel Naughty’ fiduciary duties is the duty to deal with utmost good faith and solely for the benefit of The People.
28. Judge Daniel Naughty may accept a benefit for sitting as judge, but the benefits he accepts must be beyond suspicion; and the burden is on Judge Daniel Naughty to vindicate the benefits he accepts from any shadow of suspicion, and to show that receiving them was perfectly fair and reasonable in every respect. Judge Daniel Naughty must scrutinize his own actions with great severity. If Judge Daniel Naughty uses his position as a judge for personal benefit he has breached his fiduciary duty. Judge Naughty owes a duty to refrain from intentional activity aimed at usurping an opportunity for his own benefit. Judge Naughty is not permitted to reap a benefit to the detriment of the parties in his court.
29. As a fiduciary, Judge Daniel Naughty must disclose all facts relative to the subject matter of his agency; and when Judge Naughty fails to disclose it is a breach of fiduciary duty.
30. As a fiduciary, Judge Daniel Naughty obligations include a duty to deal impartially with the parties in his court.
