Peters v. Pine Meadow Ranch Home Ass'n

Citations: 151 P.3d 962; 2007 UT 2; 569 Utah Adv. Rep. 20; 2007 Utah LEXIS 3Docket: Nos. 20050806, 20050805

Court: Utah Supreme Court; January 11, 2007; Utah; State Supreme Court

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Certiorari was granted to address whether a trust beneficiary can impose binding covenants, conditions, and restrictions (CC&Rs) on trust-held real property. However, the court declined to resolve this issue due to the petitioners’ briefs containing unfounded accusations against the integrity of the court of appeals panel, including allegations of intentional evidence fabrication and improper motives. These briefs were deemed disrespectful and filled with irrelevant and scandalous statements, leading to their dismissal under rule 24(k) of the Utah Rules of Appellate Procedure. Consequently, the court affirmed the court of appeals’ decisions without considering the certiorari question, limiting those decisions to their factual context without setting a precedent.

The background involves a 1965 land deed to Security Title Company as trustee, with the Pine Meadow Ranch Home Owner’s Association seeking fees from the petitioners for maintaining subdivision improvements based on CC&Rs allegedly imposed by Deseret Diversified Development in 1971 and by Pine Meadow Ranch, Inc. in 1978. The district court ruled in favor of the Association, affirming the CC&Rs' validity, which was upheld by the court of appeals. The petitioners challenged the authority of Deseret and PMRI to impose CC&Rs, leading to the certiorari grant. Additionally, accusations of judicial misconduct arose from a statement in the court of appeals' opinion regarding the signing of a plat, claiming an error that was used to allege intentional misconduct without substantiating evidence.

Counsel alleges that the court of appeals misinterpreted the holding in *Capital Assets Financial Services v. Maxwell*, asserting that the error was intentional and motivated by improper motives, though he provides no evidence to support this claim beyond the alleged misinterpretation. While it is appropriate for counsel to identify factual and legal errors, claiming intentional misconduct represents a significant escalation. There are established procedures for addressing genuine judicial misconduct, and making unfounded accusations in court briefs is inappropriate and exceeds acceptable advocacy standards. 

According to Rule 24(k) of the Utah Rules of Appellate Procedure, briefs must avoid irrelevant or scandalous content, as non-compliance can lead to them being disregarded or stricken, and may result in attorney fees. Counsel’s accusations against the court are deemed irrelevant to the issues at hand and are characterized as scandalous, defamatory, and offensive. Although counsel rightfully argues that the court of appeals made errors, he improperly suggests these were intentional without supporting evidence. Such unsupported claims violate Rule 8.2 of the Utah Rules of Professional Conduct, which prohibits false or reckless statements about a judge's integrity, and the Standards of Professionalism and Civility, which mandate courteous treatment of all participants in legal proceedings.

Counsel's briefs in Forest Meadow and Peters contain offensive and inappropriate material, violating rule 24(k) and justifying imposed sanctions. In Forest Meadow, allegations are made that judges fabricate evidence to support biased decisions. The petitioner claims the authoring judge lacked evidence to rule that W. Brent Jensen was the trust beneficiary and fabricated evidence instead. Questions are raised about possible bias against the petitioner based on their ethnicity or religion. The petitioner asserts that the Court of Appeals' decision, which allegedly misrepresented the facts regarding title transfers and other key details, denied due process. The petitioner challenges the integrity of judicial decisions made without proper evidence and questions the motivations behind the Court of Appeals' mischaracterizations. Comparisons are drawn between judicial errors and medical malpractice to highlight the seriousness of the allegations against the authoring judge, questioning if such actions meet professional standards expected of judges.

Counsel in Peters has accused the Court of Appeals of fabricating evidence in its decisions, paralleling claims made in the Forest Meadow case. This alleged fabrication, according to the Petitioner, constitutes a denial of due process and a significant departure from standard judicial practices, warranting intervention from this Court. The Petitioner argues that the Court of Appeals' conclusions are based on false evidence rather than actual facts, highlighting instances of fabrication, including the misrepresentation of the declarant in 1973 CC&Rs to create a fictitious trust. 

Counsel contends that these actions go beyond mere mistakes and suggest intentional misconduct, undermining the moral foundation of the legal system. Additionally, the language used in counsel's briefs is described as personal and disrespectful, particularly towards the Court of Appeals and its judges, possibly violating the Utah Standards of Professionalism and Civility. Counsel claims that his critiques are not personal attacks but rather necessary challenges to judicial actions. However, the tone and content of the accusations imply serious allegations against the integrity of the court and its judges.

Counsel's statements in the Forest Meadow case reflect a severe disrespect towards the Utah Court of Appeals, suggesting that the court's conduct was so outrageous that this Court might deny certiorari to avoid embarrassment. The counsel employed metaphors to argue that the Court of Appeals failed to recognize significant legal principles, comparing the situation to Californian hunters' potential disinterest in hunting in Utah if it were to allow hunting without restrictions, implying that the court's decision disregards the rights of elderly trust beneficiaries. 

In the Peters case, counsel asserted that granting certiorari is essential to restore the integrity of the Utah Judicial Department and warned that failing to address the agency issue would endorse a gross injustice. He criticized the Court of Appeals' holding as indefensible and contrary to moral and legal principles, equating the court's potential inaction with moral failure. The counsel drew a parallel to military accountability, emphasizing the need for judicial responsibility in cases of potential misconduct.

The court expressed regret that petitioners' counsel chose an accusatory and disrespectful approach, noting this did not reflect on his legal competency, as he demonstrated a solid understanding of relevant legal principles. However, the excessive objectionable content in his briefs overshadowed valid legal arguments. The court highlighted that counsel's egregious conduct led to sanctions that adversely affected his clients, noting that even without sanctions, unprofessionalism can undermine a lawyer's effectiveness in representing clients.

Advocacy should focus on facts and law rather than personal attacks or aggressive tactics, which can undermine credibility and distract from case merits. Civility and professionalism are crucial for gaining the trust of judges, jurors, and peers. The court emphasizes adherence to the Standards of Professionalism and Civility, encouraging lawyers to follow these guidelines to avoid severe sanctions. In the cases of Forest Meadow and Peters, the counsel's briefs were filled with unfounded and disrespectful attacks on the court's integrity, leading to their rejection. Consequently, the court imposed attorney fees on the petitioners' counsel and remanded for a fee determination, while affirming the court of appeals' decisions and limiting their precedential impact. The opinion is unanimous among the justices.