Hon. Brian Whitney See Rating Details
District Judge
District Court
Denver County
2nd Judicial District
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Attorney Average Rating:   4.9 - 2 rating(s)
Non-Attorney Average Rating:   - 0 rating(s)
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Only items marked with (*) are averaged into the displayed overall rating.


General Rating Criteria

* Temperament (1=Awful,10=Excellent)
* Scholarship (1=Awful,10=Excellent)
* Industriousness (1=Not at all industrious,10=Highly industrious)
* Ability to Handle Complex Litigation (1=Awful,10=Excellent)
* Punctuality (1=Chronically Late,10=Always on Time)
* General Ability to Handle Pre-Trial Matters (1=Not all Able, 10=Extremely Able)
* General Ability as a Trial Judge (1=Not all Able, 10=Extremely Able)
Flexibility In Scheduling (1=Completely Inflexible,10=Very Flexible)


Criminal Rating Criteria (if applicable)

* Evenhandedness in Criminal Litigation (1=Demonstrates Bias,10=Entirely Evenhanded)
General Inclination Regarding Bail (1=Pro-Defense,10=Pro-Government)
Involvement in Plea Discussions (1=Not at all Involved, 10=Very Involved)
General Inclination in Criminal Cases Pretrial Stage (1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Trial Stage (1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Sentencing Stage (1=Pro-prosecution,10=Pro-defense)


Civil Rating Criteria (if applicable)

* Evenhandedness in Civil Litigation (1=Not at all Evenhanded,10=Entirely Evenhanded)
Involvement in Settlement Discussions (1=Not at all Involved,10=Very Involved)
General Inclination (1=Pro-defendant, 10=Pro-plaintiff)
Comments




What others have said about Hon. Brian Whitney


Comments


Civil Litigation - Private

Comment #: CO104
Rating:1.9
Comments:
Judge Whitney has a fine judicial poker face, in that he never gives any clue about how he is going to rule, and is reasonably punctual. These are Judge Whitney's only strengths, as far as I can tell.
As to what really matters, Judge Whitney is a disaster. He has no understanding of either the rules of procedure or substantive law, and apparently he has no curiosity, either. Instead, Judge Whitney appears to believe that his job is to invent new law to achieve the outcome he desires, rather than apply the law as it already exists.
As a result, parties appearing before Judge Whitney may expect to be blindsided by all sorts of rulings that find no support in the law or the rules. Discovery rules are not enforced, and abusive tactics by counsel are amply rewarded by Judge Whitney's "creative" personal view of how things should work.
Do not bother filing any sort of complex motion before Judge Whitney. He will deny it, generally providing a two-line "explanation" on the scribble page, which generally provides more insight into Judge Whitney's lack of understanding of the motion than reasoning or basis for his ruling.
Do not pay any attention to Judge Whitney's pretrial order admonishing against "Rambo lawyering," either. Judge Whitney does nothing to rein in abusive or inappropriate behavior by attorneys or parties. Whining and name-calling is tolerated and at times taken to heart, to the detriment of a lawyer who takes his obligations seriously.
It is a jungle in Judge Whitney's courtroom. Lawyers who ground their positions in the law and the rules are punished, while hacks who make up rules and law to suit their purposes are rewarded.