Supreme Court, State of Colorado
Original Proceeding in Discipline before the Presiding Disciplinary Judge,
a case of selective prosecution by Colorado's
Attorney Deregulation Council
OARC v. Mark E. Brennan
No. 08PDJ052 & 09SA344
Note that the titular plaintiff in this matter is an agency of Colorado's Supreme Court, which is the tribunal to which the case
is tried. This, of course, explains why all (every single one) of Mr. Brennan's Motions are denied and why all (every single one)
of the OARC's Motions are granted, as is always the case when the outcome of a proceeding has already been determined. This is also
consistent with Brennan's observation of OARC's Jim Coyle talking privately with a clerk of the judge's chambers in the hallway
during the trial (when Brennan confronted him, "Why, Mr. Coyle! You're having an ex parte communication with the judge's
chambers. How do you explain this" Coyle contended, "We were just going over a procedural matter").
(See Dec. 11, 2008 entry in the here
and a number of more recent entries here for news & opinion about this case).
Carolyn Elefant, MyShingle.com,
A
Travesty of Justice in Colorado: Lawyer Suspended for A Year and A Day for WINNING His Client's Case (Jan. 12,
2010)
Alan Prendergast, Denver Westword,
Defiant attorney awaits
cold day in hell for psych exam (Dec. 2, 2009)
Stephen R. Diamond, Kangbaroo Court,
Mark E. Brennan, Part 3: Sentencing (Nov. 20, 2009)
Alan Prendergast, Denver Westword,
Attorney Mark Brennan
suspended over contentious cookbook case (Oct. 30, 2009)
Felisa Cardona, The Denver Post,
Colorado Supreme Court panel suspends attorney for court
outbursts (Oct. 29, 2009)
Matt Masich, Law Week Colorado,
Attorney Mark Brennan Ordered Supended, Must Submit To Exam
(Oct. 28, 2009)
Matt Masich, Law Week Colorado,
No Assault Charges Will Be Pursued In Shoving Incident
(Jul. 29, 2009)
Carolyn Elefant, MyShingle.com,
The Other Side of the Story on The Lawyer Who
Represented Himself (Jul. 27, 2009)
Stephen R. Diamond, Kangbaroo Court,
Threat to advocacy from
overdeterrence — The Mark Brennan case (Jul. 25, 2009)
Carolyn Elefant, MyShingle.com,
Why is This Lawyer Representing Himself at a
Disciplinary Proceeding? (Jul. 22, 2009)
Alan Prendergast, Denver Westword,
Caught on tape: when
lawyers attack (Jul. 21, 2009)
Matt Masich, Law Week Colorado,
Did Brennan Make His Case? Yes — And No (Jul. 21, 2009)
Matt Masich, Law Week Colorado,
The Shove And The Glower: Who’s At Fault? (Jul. 20, 2009)
Andrew Oh-Willeke, Washington Park Prophet (blog),
The Importance of Depth
In Reporting (Jul. 17, 2009)
Alan Prendergast, Denver Westword,
Mark Brennan: He's loud,
he's physical, he's profane. But does that make him a bad lawyer? (Jul. 17, 2009)
Felisa Cardona, Denver Post,
Denver lawyer defends his trial conduct by blaming judge
(Jul. 17, 2009)
Matt Masich, Law Week Colorado,
Court Fireworks: Attorney Brennan Slapped With Contempt Citations
(Jul. 14, 2009)
Matt Masich, Law Week Colorado,
Be Nice Or Be Disciplined (Jul. 14, 2009)
Michael Roberts, Denver Westword,
Denver shells out
$850,000 to settle costly cookbook case (Nov. 7, 2008)
Christopher N. Osher, Rocky Mountain News,
Cookbook case costs $850,000 (Nov. 7, 2008)
Alan Prendergast, Denver Westword,
Blackburned: Who's the bigger bully -- the smartass
attorney who scorched the Denver Fire Dep't, or the fussbudget judge, who threw out the verdict?
(Dec. 11, 2007)
Daniel J. Chacon, Rocky Mountain News,
Judge's Order for New Trial Appealed (Oct. 19, 2007)
Debra Cassens Weiss, ABA Journal,
Lawyer’s ‘Bombast’ Gets Verdict Tossed
(Oct. 11, 2007)
Daniel J. Chacon, Rocky Mountain News,
Attorney
says judge insulted jury by tossing $1.2 million award (Oct. 9, 2007)
Andrew Oh-Willeke, Colorado Confidential,
The Cost of Contempt (Oct. 8, 2007)
Matthew Heller, OnPoint News,
Judge Blasts
Lawyer for "Disrespectful Cockalorum" (Oct. 8, 2007)
Associated Press, Summit Daily News,
Judge cites lawyer's behavior in
scrapping $1.2M judgment (Oct. 7, 2007)
Daniel J. Chacon, Rocky Mountain News,
Judge points to lawyer's antics in junking $1.2 million
ruling
(Oct. 6, 2007)
September 27, 2007
Order Vacating Jury Verdict "Because of Attorney
Misconduct"
Bruce Finley, The Denver Post,
Feds award $1.2 mil in age-discrimination lawsuit
(Nov. 28, 2006)
November 27, 2006 judgment
in favor of Brennan's client, Bill Cadorna, in the amount of
$1,221,142.00 plus costs pursuant to Fed.R.Civ.P. 54(d)(1).
July 12, 2006
Order of Contempt (in Mark E. Brennan)
|
|
Date Filed |
Description |
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12/15/2009
|
Brennan's Rule 251.28(d)
Valedicotory Affidavit
|
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12/14/2009
|
OARC's
Objection to Brennan's
Designation of Record
|
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12/14/2009
|
Hearing Board's
Order (denying Motion for Stay Pending Appeal)
|
|
12/09/2009
|
Supreme Court's
Order (denying OARC's Motion to Strike Notice of Appeal)
|
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12/09/2009
|
Advisory Notice of filing of appeal
|
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12/04/2009
|
Brennan's
Response to Motion to Strike Notice of Appeal as
Untimely
|
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12/02/2009
|
Order (re: Stay Pending Appeal and Stay of Effective Date of
Discipline)
|
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12/01/2009
|
Brennan's
Memorandum to Presiding Disciplinary Judge regarding IME
|
|
11/22/2009
|
OARC's
Reply in Support of Bill of Costs
|
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11/19/2009
|
OARC's
Motion to Strike Brennan's Notice
of Appeal as untimely
|
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11/18/2009
|
Brennan's
Notice of Appeal
|
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11/16/2009
|
Brennan's
Response to
OARC's proposed Bill of Costs
|
|
11/13/2009
|
OARC's
Response to
Brennan's Motion to Stay Execution Pending Appeal
|
|
11/12/2009
|
Brennan's
Motion to Stay
Execution Pending Appeal
|
|
10/29/2009
|
OARC's
Proposed Bill of Costs
|
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10/28/2009
|
Opinion and Ruling by Presiding Disciplinary Judge
|
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07/10/2009
|
OARC's
Motion in limine to quash exculpatory statements by
OARC's investigator regarding improper motive for prosecution of respondent-attorney, Mark E. Brennan
|
|
07/09/2009
|
OARC's
Response to Motion for substitution of judge
|
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07/02/2009
|
Order (granting OARC's Motion to Strike Brennan's Designation of Juror Witnesses)
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07/02/2009
|
Order (granting OARC's Motion to Strike Brennan's Designation of Miscellaneous Witnesses)
|
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07/02/2009
|
Order (granting OARC's Motion to Strike all but one of Brennan's exhibits)
|
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07/02/2009
|
Order (granting OARC's Motion to Strike Brennan's Designation of Witnesses Associated with the
City and County of Denver other than those present at the Cardorna trial)
)
|
|
07/02/2009
|
Order (granting OARC's Motion to Strike Brennan's Designation of Witnesses Associated with the Attorney
Regulation System)
|
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07/02/2009
|
Order (denying Brennan's Motion to Compel)
|
|
07/02/2009
|
OARC's
Pretrial Briefing
|
|
07/02/2009
|
OARC's
Exhibit Manifest
|
|
07/02/2009
|
OARC's
Witness Manifest
|
|
07/02/2009
|
OARC's legal authority manifest
|
|
07/02/2009
|
Brennan's Motion
for substitution of judge
|
|
06/19/2009
|
OARC's
Motion for expedited responses to its Motions
to Strike
|
|
06/19/2009
|
OARC's
Motion to Strike Brennan's Designation of Juror Witnesses
|
|
06/19/2009
|
OARC's
Motion to Strike Brennan's Designation of Miscellaneous Witnesses)
|
|
06/18/2009
|
OARC's
Motion to Strike all but one of Brennan's exhibits)
|
|
06/17/2009
|
OARC's
Motion to Strike Brennan's Designation of Witnesses Associated with the City and County of Denver
(other than those present at the Cardorna trial)
|
|
06/15/2009
|
OARC's
Motion to Strike Brennan's Designation of Witnesses Associated with the Attorney Regulation System
|
|
06/15/2009
|
Brennan's
Motion to Compel
|
|
06/17/2009
|
Brennan's Motion
for recusal
|
|
04/12/2009
|
proposed Trial Management Order
|
|
06/12/2009
|
Brennan's Disclosure
of witnesses and exhibits
|
|
04/17/2009
|
Order
denying Brennan's Motion to Dismiss
|
|
04/15/2009
|
Regulation Counsel's
Response to Motion to Dismiss
|
|
04/10/2009
|
Brennan's Second
Motion to Dismiss
|
|
04/06/2009
|
Brennan's
Motion to Dismiss for lack of due process
|
|
01/12/2009
|
Juror deposition
|
|
01/08/2009
|
Opinion and Order from U.S. District Court, granting, in
part, Brennan's Motion for Leave to Contact Jurors |
|
11/10/2008 |
Respondent Mark Brennan's
Answer
to Complaint |
| 09/22/2008 |
Regulation Counsel's
Response to
Motion to Dismiss |
| 09/18/2008 |
Respondent Mark Brennan's
Response to Report of
Investigation |
| 09/03/2008 |
Respondent Mark Brennan's
Motion
to Dismiss |
|
05/29/2008 |
Citation & Complaint |
| 03/08/2008 |
Report of investigation
(omitting mention of exculpatory evidence gathered from
juror interviews) |
| 01/02/2008 |
Investigation notes from OARC interview of jurors
|
|
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