The Second Judicial District Commission on Judicial Performance unanimously recommends that Judge Brian R. Whitney BE RETAINED.
Judge Whitney became a Denver District Court Judge in January 2007. Prior to his appointment, Judge Whitney was the First Assistant Attorney General for the Special Prosecutions Unit of the Colorado Attorney General's office. His primary areas of litigation were environmental, racketeering, and other areas of criminal law. He has also served as Administrator of the
Colorado State Grand Jury, the Chief Environmental Prosecutor for the State of Colorado, and Special Assistant U.S. Attorney prosecuting federal environmental law violations in Colorado.
Prior areas of practice include complex commercial litigation, product liability, insurance defense, criminal defense, criminal and civil appeals, contract disputes, and patents and intellectual property disputes. Prior to law school he worked as an electrical engineer. He received his undergraduate degree from Lehigh University and law degree from the University of
The Commission reviewed the results of surveys of lawyers and non-lawyers who were familiar with Judge Whitney’s work, interviewed the Judge, and reviewed three of his written opinions. In addition, selected members of the Commission observed Judge Whitney in court. Almost all lawyers responding to the survey gave Judge Whitney above average ratings for his demeanor, for giving proceedings a sense of dignity and treating parties with respect. Judge Whitney also received above average ratings for case management including setting reasonable schedules for cases and maintaining appropriate control over his courtroom. Being relatively new to the bench, he was rated slightly below average for the overall application and knowledge
of the law, consistent with other new judges reviewed during this period.
Judge Whitney received strong support from both lawyers and non-lawyers. Of all attorneys surveyed about retention, 90% recommended to retain, 8% not to retain, and 2% expressed no opinion. Excluding those who had no opinion, 91% recommended to retain and 8% not to retain. Of all non-attorneys surveyed, 89% recommended to retain, 3% not to retain, and 8% expressed no opinion. Excluding those who had no opinion, 97% recommended to retain and 3% not to retain. (These percentages may not total 100% due to rounding.)