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Judge Blasts Lawyer for "Disrespectful Cockalorum" |
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Judge Blackburn
A Colorado judge could hardly have been more bombastic himself in chastising a plaintiff's attorney for the “disrespectful cockalorum, grandstanding, bombast, bullying, and hyperbole” that he exhibited during a recent trial.
“In over nineteen years [on the bench], I have seen nothing comparable,” U.S. District Judge Robert E. Blackburn said of the conduct of attorney Mark E. Brennan, going on to order a new trial because “counsel's froward misbehavior unfairly prejudiced the jury’s verdict.”
Brennan's client in an age discrimination case had won the largest verdict in memory against the Denver fire department. A jury last year awarded $1.2 million to former firefighter Bill Cadorna, finding the city liable for failing to rehire him after he was falsely accused of shoplifting.
In moving for a new trial, the defense listed no fewer than 80 separate instances of misconduct by Brennan. “Although I do not agree that all of these discreet instances or categories were objectionable, let alone prejudicial, many were,” Blackburn said in his ruling.
Among other things, the judge found Brennan had repeatedly “proceed[ed] insouciantly” with questioning of witnesses when an objection was pending and “interjected inappropriate -– ofttimes mordaciously sarcastic –- editorial comments into the record.”
While questioning a witness nicknamed “Lurch” by his fellow firefighters, Brennan asked, “Now, about your wedding. Did you invite the Addams family?”
“The cold transcript does not convey adequately the Gestalt of what transpired during this trial,” Blackburn fumed. “Repeatedly, by words, tone of voice, facial expressions, and body language, Mr. Brennan made manifest his most profound contempt for the court, the City and County of Denver, the Denver Fire Department, opposing counsel, and ultimately, the entire legal system.”
But Blackburn makes manifest a propensity for turgid language. Not content with foisting “cockalorum” (meaning, boastful talk), “froward” (willfully disobedient) and “mordaciously” (bitingly) on the reader, he may be the first judge to use both “contumelious” (scornful) and “contumacious” (pigheaded) in the same opinion.
The following table provides more examples (in italics) of Blackburn's bombast and their translation:
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Translation |
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Despite ingravescent remonstrations from the court, Mr. Brennan persisted unregenerately in this highly improper and prejudicial practice.
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Despite increasingly severe remonstrations from the court, Mr. Brennan persisted stubbornly in this highly improper and prejudicial practice.
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His recusant practice continued unabated.
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His insubordinate practice continued unabated.
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[H]e attempted disaffectedly to argue the merits of my ruling.
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[H]e attempted resentfully to argue the merits of my ruling.
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I am convinced beyond question that the fairness of the trial was inquinated irreparably.
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I am convinced beyond question that the fairness of the trial was contaminated irreparably.
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The ruling does not appear to be simply a mordacious parody of Brennan's courtroom rhetoric. In a previous order finding Brennan in contempt of court, Blackburn used the words “expatiate” (explain) and “contumaciously.”
By Matthew Heller
10/8/07 
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