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Pages:
5 pages/≈1375 words
Sources:
5 Sources
Style:
APA
Subject:
Law
Type:
Research Paper
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
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Topic:

Punishment for Judge Jerry L. Denton, Jr. Ex Parte

Research Paper Instructions:

This case involves reviewing the findings and recommendations of the Judiciary Commission, which were based on stipulations. The Louisiana Supreme Court suspended a judge Jerry Denton, Jr. from office for four months without pay while presiding over a child custody case, engaging in improper ex parte communications on Facebook Messenger with the children’s maternal grandmother for over six months; attempting to issue a special order for visitation, and misleading a fellow judge by failing to disclose his personal involvement in the matter and disparaging the grandmother’s attorney.
This case can be found with a simple google search.
This research paper must examine the three pillars: what law was broken, court precedents of cases of that type, and ethical theory encompassing that case.
Here's an example of how the three pillars should be used and constructed
-What is the rule of law broken?
The rule of law broken in this case is the dereliction of fiduciary duty. Mr. Fife Symington, the fiduciary in this case, has a fiduciary duty to Southwest Savings & Loan, which states that a person with the fiduciary duty must act in a way that will benefit someone else, usually financially. Mr. Symington is accused of breaching such a duty primarily due to his Southwest Savings & Loan director position. As a result, Southwest Savings & Loan did not benefit from Mr. Symington's two major commercial construction projects. Instead, the company was a victim of the 1980s economic downturn, which Resolution Trust Corporation (RTC) took over. RTC insists that Mr. Symington breaches his fiduciary duties and would need to account for his ill-gotten profit, for which RTC, the beneficiary, is entitled to damages.
-What is the court precedent or history of court cases and sentences for cases like this?
Guth v. Loft, Inc. - 5 A.2d 503 (Del. 1939)
In the case of Guth v. Loft, Inc., Loft accuses Guth of breaching his fiduciary duty of loyalty. Charles Guth was the President of Loft, Inc. Loft filed a lawsuit against Guth after discovering that Guth had obtained Pepsi-Cola enterprise for himself utilizing the funds and facilities of Loft, which were dedicated to his protection. The courts subsequently ruled that Mr. Guth's prospect of acquiring the Pepsi-Cola trademark, formula, goodwill, and business belonged to Loft. Moreover, as its president, Guth had no liberty to expropriate the opportunity to himself.
The court held that Guth's appropriation of the Pepsi-Cola opportunity to himself positioned him in competitive circumstances with Loft concerning an entity vital to it, thereby causing his stakes to be inconsistent with the best interests of his corporation. Moreover, these circumstances were conducted not candidly or with his resources but privately and with funds and facilities belonging to the corporation entrusted to his safeguard. Corporate officers and directors are not allowed to exploit their position of trust and confidence to promote their private interests. While technically not trustees, they hold a fiduciary connection to the corporation and its stockholders.
-What is the ethical theory that applies?
The ethical theory that would best describe the case of Mr. Symington is ethical egoism. Ethical egoism is the belief that people ought to strive for their self-interest, and no one has any duty to facilitate anyone else's welfare. Therefore, it is a normative or prescriptive theory: it is interested in how individuals should conduct themselves. Therefore, Mr. Symington's role as director of Southwest Savings & Loan obligated the fiduciary duty of loyalty to the company and the shareholder regardless of presenting his plan to the board.
This paper must have the following:
-Apply APA style rules; use the current edition of the APA publication manual for guidelines.
-Observe written assignment formatting requirements: Times New Roman font, 12-pt font size, double-spaced text, with numbered pages.
-The paper must be grammatically sound and free of spelling errors.
-Provide a cover page containing the name, of course, the title of the paper, student name, and date.
-Include a reference page, formatted to APA style requirements.
-Abstract and introduction must be included in this research paper.

Research Paper Sample Content Preview:

Judge Jerry L. Denton, Jr. Ex Parte
Author’s Name
Institutional Affiliation
Course Code and Name
Professor’s Name
Date
Judge Jerry L. Denton, Jr. Ex Parte
Abstract
Judges are expected to comply with the law to deliver justice. In Judge Jerry L. Denton, Jr. Ex Parte, a judge is suspended for four months from office for engaging in ex parte communications with a litigant’s mother. Judge Denton had the jurisdiction of the case involving who should take the custody of two children between the mother, father, and grandmother. Since the mother had mental health issues and abused drugs, the judge gave the children’s biological father the custody of the children. However, Ms. Bardeau-Marse, the grandmother, wanted to retain the custody since she was the one taking care of these children before the case began. Ex parte communication between her and Judge Denton on Facebook Instant Messenger brings controversy. The paper aims to portray the law that was broken, court precedents of similar cases, and the ethical theory encompassing the case.
Judges are entitled to oversee that justice is served in all cases. They should not lean on one side or use their power to influence judgment. In Judge Jerry L. Denton, Jr. Ex Parte, ex parte communications with a litigant’s mother lead to the suspension of a judge for four months without pay. Judge Jerry Denton from Louisiana’s Supreme Court was involved in ex parte communications, which is not allowed, especially when the judge has the jurisdiction of the case. The judge is expected to remain neutral and listen to all sides. After receiving proper evidence, the judge should rule the case accordingly. The paper focuses on three pillars, namely what law was broken, court precedents of cases of that type, and ethical theory encompassing the case.
Judge Jerry Denton Jr. of Denham Springs’ City Court in Louisiana engaged in ex parte communications with Stephanie Bardeau-Marse, the grandparent of two children from two unmarried biological parents. The children’s mother had a history of mental health problems and substance abuse (Supreme Court of Louisiana, 2022). In contrast, the father was absent in his children’s lives apart from several years after their birth. In that light, Ms. Bardeau-Marse, a maternal grandmother, cared for the children. In September 2017, a report from the Department of Children and Family Services (DCFS) revealed that the mother used drugs in the presence of her child. DCFS requested Denham Springs City Court to grant it temporary custody of the two children. On 11th January 2018, Judge Denton granted the father the custody of the children with DCFS monitoring and ordered the grandparent's and mother’s visitation to be done by a relative (Simerman, 2022). However, a review of the hearing was to happen on 12th April 2018. On 18th March 2018, about three weeks before the case hearing review, Judge Denton received a private message on Facebook Instant Messenger from Ms. Bardeau-Marse. The litigant’s mother mentioned a few friends that she shared with Judge Denton, including the former mayor Jimmy Durbin (Supreme Court of Louisiana, ...
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