(1)4.2 Abuse of Trust or Power

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(a) Definition: For the purposes of this chapter, “abuse of trust or power” occurs when a lawful actor, acting under color of law, intentionally or recklessly exercises authority in a manner that exceeds, distorts, or misuses the powers granted by this code, or that subverts the rights, protections, or lawful interests of any person.

(b) Examples of Abuse: Abuse of trust or power may include, but is not limited to:

  • Acting with bias, retaliation, or improper personal or political motive;
  • Exceeding lawful authority or ignoring legal limitations;
  • Engaging in arbitrary, excessive, or unjustifiable enforcement or decision-making;
  • Misappropriating public resources or leveraging office for personal gain.

(c) Legal Threshold: An act constitutes abuse of trust or power when it violates the standards of good faith established in Section (1)4.1, compromises the integrity of the legal system, or demonstrably harms the rights or interests of others.

(d) Binding Obligation: All lawful actors shall refrain from abusing the trust and authority conferred upon them by this chapter. Compliance is fundamental to accountability, the fair administration of justice, and maintenance of public confidence in the legal system.

(e) Consequences: Violations of this section may give rise to disciplinary, civil, or administrative action, including removal from office, disbarment, fines, or other penalties as provided under this chapter.