Also known as: dereliction of duty · dereliction of duties
Written by attorneys · grounded in primary & secondary sources — see below
Willful or negligent failure to perform assigned duties. Culpable inefficiency in carrying out responsibilities constitutes the breach.
Judge Derek Douglas repeatedly directed guilty verdicts in criminal trials while defendants sat without counsel present. He also failed to inform several defendants of their appeal rights after conviction. The conduct commission found his actions amounted to dereliction in the performance of duties and imposed discipline.
Judge Diana Delgado missed multiple court dates while using illegal drugs and seeking treatment. Her chronic unavailability prevented cases from proceeding and eroded public trust in the court. The reviewing body removed her from office for gross dereliction in the performance of duties.
Select any source to read its text and confirm it supports the definition.
The Lyondell board chaired by Dominic Drake approved a merger after only a brief meeting and without seeking competing bids. Shareholders sued claiming the directors consciously disregarded their duty to maximize value. The court examined whether the shortcuts rose to dereliction in the performance of duties that could overcome the charter's exculpatory clause.
State officials led by Damian Decker refused to implement a federal program requiring institutional improvements. The plaintiffs argued the refusal constituted dereliction in the performance of duties that waived sovereign immunity. The Supreme Court held that the state could not be sued in federal court for the alleged breach.
Trust officer Deanna Davenport at First Western Bank approved a risky loan without investigating the borrower's finances. The transaction later caused substantial losses to the trust beneficiaries. The court held that the officer's inaction amounted to dereliction in the performance of duties supporting liability.
Defense attorney Diane Dawson represented a defendant while simultaneously representing a prosecution witness in a related matter. She never informed the trial judge of the conflict. The Supreme Court later analyzed whether the undisclosed conflict rose to the level of dereliction in the performance of duties that would require reversal.
Chronic absenteeism, repeated fundamental legal errors such as directing verdicts without counsel present, and failure to advise defendants of appeal rights all constitute dereliction. Such conduct breaches the duties of competence and diligence under judicial conduct codes.
Yes. Illegal drug use combined with chronic unavailability can constitute conduct prejudicial to the administration of justice and gross dereliction of duty. The resulting removal from office or denial of benefits follows from the demonstrated lack of fitness.
Directors who consciously disregard known risks or fail to inform themselves may be found to have engaged in bad faith amounting to dereliction. Absent such proof, informed decisions receive protection even if they later prove unwise.
…because his innocence has been proved. "A policeman's lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he has probable cause, and being mulcted in damages if he does." Pierson v. Ray , 386 U. S. 547, 555 (1967). The officer is also excused from liability for…