Honorable Brian J. Flynn
The Twenty-First Judicial District Commission on Judicial Performance recommends that Judge Brian J. Flynn BE RETAINED.
Judge Flynn was raised in Grand Junction, Colorado; received his undergraduate degree from the University of Colorado at Boulder in 1989; and earned his law degree from Widener University in Wilmington, Delaware, in 1992. While in law school, Judge Flynn received the American Jurisprudence Award in Contracts. He then was admitted to practice law in the states of Colorado, Pennsylvania and New Jersey. Prior to his appointment to the bench Jan. 11, 2005, he served as Chief Deputy District Attorney in the Twenty-First Judicial District.
Judge Flynn was evaluated by various methods: attorney and non-attorney surveys, a self evaluation, courtroom observations by Commission members, review of written decisions issued by Judge Flynn, and an interview with the Commission. Non-attorneys who responded to the surveys found Judge Flynn to exceed the average ratings of all district court judges statewide in virtually every area assessed. Non-attorneys particularly valued Judge Flynn’s communication skills and ability to explain complex issues, his sense of fairness, exceptional work ethic and understanding of the law. A greater percentage recommended that he be retained in office than the average statewide for district court judges. Comments from surveys note that Judge Flynn is honest, fair, and will make a decision based solely on the evidence presented to him. Several survey participants commented on his excellent control of the courtroom and even temper.
There was concern that Judge Flynn was ranked well below the statewide average in the survey of attorneys. Criminal defense attorneys, who were an unusually high third to half of those attorneys responding, indicated that they believe he is biased in favor of the prosecution and harsh in his sentencing. Some 57 percent of the attorneys favor his retention while 43 percent oppose retention. Typically 90 percent of the attorneys statewide favor retention of district judges. Non-attorneys responding to the survey favored Judge Flynn’s retention at an above-average 93 percent.
The Commission found Judge Flynn to be an extremely hardworking, intelligent person who is committed to improving his knowledge in the civil arena where he is not as experienced as in criminal law. Civil litigants were complimentary of Judge Flynn’s efforts to move criminal cases along and allow civil litigants to get into the courtroom in a more efficient manner. Judge Flynn has worked hard at bolstering his knowledge, and the Commission was impressed with his efforts to become more proficient.
View the 2008 Retention Survey Report for the Honorable Brian J. Flynn in pdf format.