Is a Judge a Fiduciary? The Facts 1:
Posted on: May 21, 2009 by: admin
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When 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 are some of the facts I incorporated into that motion:
11. On February 27, 2009 I filed with this Court my Motion for Court to Take Mandatory Judicial Notice of Judicial Misconduct. Among the allegations of judicial misconduct set forth in that motion were the following relevant to this motion:
12. That this Court’s failure to follow 13-17-102(4) C.R.S.’s motion requirement and then entering a sanctions order against me amounted to First Degree Official Misconduct contrary to 18-8-404(1) C.R.S because Daniel Naughty, a public servant, when, with intent to obtain a benefit for another, ‘the very bad attorney representing my opponent’, knowingly (b) Refrain[ed] from performing a duty imposed upon him by law; or (c) Violate[d] a statute relating to his office. First degree official misconduct is a class 2 misdemeanor.
13. That this Court’s failure to follow C.R.C.P. 7(b)(1)’s motion requirement and then entering a sanctions order against me amounts to First Degree Official Misconduct contrary to 18-8-404(1) C.R.S because Daniel Naughty, a public servant, when, with intent to obtain a benefit for another, ‘the very bad attorney representing my opponent’, knowingly (b) Refrain[ed] from performing a duty imposed upon him by law; or (c) Violate[d a] lawfully adopted rule relating to his office. First degree official misconduct is a class 2 misdemeanor.
14. That this Court’s failure to require opposing counsel to follow C.R.C.P. 121, 1-15(8)’s conference requirement and then entering a sanctions order against me amounts to First Degree Official Misconduct contrary to 18-8-404(1) C.R.S because Daniel Naughty, a public servant, when, with intent to obtain a benefit for another, ‘the very bad attorney representing my opponent’, knowingly (b) Refrain[ed] from performing a duty imposed upon him by law; or (c) Violate[d a] lawfully adopted rule relating to his office. First degree official misconduct is a class 2 misdemeanor.
15. That this Court’s granting sanctions based upon a requirement that there be express claims filed against the Defendant in his individual capacity is contrary to a duty imposed upon him by the Colorado Court of Appeals in Hoang v. Arbess, 80 P.3d 863 (Colo.App. 2003) and the Colorado Supreme Court in Snowden v. Taggart., 17 P.2d 305 (Colo. 1932) and then entering a sanctions order against me amounts to First Degree Official Misconduct contrary to 18-8-404(1) C.R.S because Daniel Naughty, a public servant, when, with intent to obtain a benefit for another, ‘the very bad attorney representing my opponent’, knowingly (b) Refrain[ed] from performing a duty imposed upon him by law. First degree official misconduct is a class 2 misdemeanor.
16. That this Court’s failure to follow Code of Judicial Conduct Canon 2(A), “A judge should respect and comply with the law…” and then entering a sanctions order against me amounts to First Degree Official Misconduct contrary to 18-8-404(1) C.R.S because Daniel Naughty, a public servant, when, with intent to obtain a benefit for another, ‘the very bad attorney representing my opponent’, knowingly (c) Violate[d] lawfully adopted rule relating to his office. First degree official misconduct is a class 2 misdemeanor.
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