Questions from the Bench

• Publication year: 1998
• Pages: 21
• Citation: Vol. 27 No. 12 Pg. 21

27 Colo.Law. 21 Colorado Lawyer 1998.

1998, December, Pg. 21. Questions from the Bench

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21

Vol. 27, No. 12, Pg. 21

The Colorado Lawyer
December 1998
Vol. 27, No. 12 [Page 21]

Departments
Appellate Practice
Questions from the Bench
by Andrew M. Low

It was a sunny December day as I walked south on Broadway toward the Colorado appellate court building. The case I was to argue was third on the afternoon docket, but I arrived early to watch the judges and get a sense of their questioning patterns before it was my turn to argue. I walked into the courtroom a few minutes before 1:30 p.m. to scan the clerk's docket sheet. Susan Victor was going to argue for the appellee in the case just before mine. I decided that was a plus&having just heard one of the state's best appellate advocates, the judges should be in a good mood for my case

I sat in the first row of seats and watched the lawyers and spectators enter and take their places. The attorney for the appellee in the afternoon's first case was sitting calmly at counsel table, waiting for the judges to enter. The appellant's counsel table was vacant. Promptly at 1:30 p.m., the clerk announced the judges, and the audience rose When the judges had taken their places and the audience was again seated, the chief judge called the first case. At that moment Tim Flegleman burst through the doors at the rear of the courtroom, walking awkwardly because of the weight of the enormous trial bags dangling at the end of each arm. He paused, blinking in confusion, and then rushed directly to his seat at counsel table. He opened his briefcases and began emptying their contents onto the table

Chief Judge Weber watched impatiently and finally said, "Take your time, counsel. We have no pressing engagements."

Flegleman, misunderstanding, said, "Thank you, your honor. I'll be with you in just a moment."

I found myself sitting next to Susan Victor. She turned to me, smiled, and shrugged. She and I had known Flegleman for years, and we were both familiar with his consistently tardy appearances in court. This was the closest I had ever seem him to being on time.

At last Flegleman had his small mountain of briefs, casebooks, and three-ring notebooks arranged on the table to his satisfaction. He picked up the largest notebook and opened it on the podium with a flourish. The green light on the front of the bench winked on, and Judge Weber nodded curtly for Flegleman to begin. Staring intently at the notebook, he intoned, "May it please the court, my name is Timothy Flegleman. I represent the appellant, Greenscapers, Inc."

Flegleman launched into a detailed and confusing recitation of the facts. As nearly as I could tell, Flegleman...