9th Circuit Finds Judge’s Comments About Perceived Disability of Disney Heir ‘Troubling’ but Protected by Judicial Immunity
9th Circuit Finds Judge’s Comments About Perceived Disability of Disney Heir ‘Troubling’ but Protected by Judicial Immunity In a lawsuit against Los Angeles County Superior Court, the Ninth Circuit found that a judge’s comment about his reluctance to allow Walt Disney’s grandson to collect a multimillion-dollar inheritance because of a genetic disorder might be inaccurate and inappropriate but it is still protected under judicial immunity. A federal appellate court ruled judicial immunity protects a state court judge who said he was reluctant to hand over a multimillion-dollar fortune to Walt Disney’s grandson because he could have Down syndrome. The ruling comes as probate courts face national scrutiny amid Britney Spears’ legal battle to appoint her own attorney and end her 13-year conservatorship. According to an opinion Thursday from the U.S. Court of Appeals for the Ninth Circuit, Disney heir Bradford Lund “has languished in perhaps the Unhappiest Place on Earth: probate court.” Trustees have withheld Lund’s inheritance distributions under a provision in the trust agreement that allowed them to hold back the funds if Lund lacks maturity or financial acumen. Lund sued Los Angeles County Superior Court Judge David Cowan, as well as the state court, after Cowan said during a settlement hearing, “Do I want to give 200 million dollars, effectively, to someone who may suffer, on some level, from Down syndrome? The answer is no.” The judge then rejected the proposed settlement and appointed a guardian ad litem over Lund without a hearing, according to Thursday’s opinion. Cowan also issued an order striking a statement from Lund that objected to the judge and sought his disqualification. Lund argued the appointment of the guardian without notice or a hearing violated his due process rights and that Cowan’s comment violated… Read More
