Public Officials and Public Officers are Public Fiduciaries

Fiduciary Duty

Trustees have a fiduciary100 duty under Trust law to make decisions for the benefit of the beneficiary. When a trustee breaches this fiduciary duty, the beneficiary can file a breach of trust lawsuit against the trustee. These types of claims are commonly called breach of trust lawsuits. Breach of trust can involve any kind of negligent or intentional conduct on the trustee’s part that is self-serving, erroneous, or retaliatory. In a breach of trust claim, the beneficiary must prove that the breach of trust caused harm to trust assets or beneficiaries.

Public Officials-Public  officer = Public Fiduciaries

“A Public official is a fiduciary toward the public, including in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them he is guilty of fraud,” U.S. v. Holzer 816 F. 2d 304, 307 (1987).

Public officials are also “trustee[s] and servant[s] of the people,” Georgia Department of Human Resources v. Sistrunk 249 Ga. 543, 548, 291 S.E.2d 524 (1982)

“Public office is a public trust or agency for the benefit of the people to be administered under legislative control in the interest of the people.” State Ex rel Nagle v. Sullivan, 40 P.2d 995 (Mont. 1935)

100 a fiduciary is someone who manages money or property for someone else. When you’re named a fiduciary and accept the role, you must – by law – manage the person’s money and property for their benefit, not yours.

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