Comment #: CO104
Rating:1.9
Comments:
Judge Whitney has a fine judicial poker face, in that he never gives any clue about how he is going to rule, and is reasonably punctual. These are Judge Whitney's only strengths, as far as I can tell.
As to what really matters, Judge Whitney is a disaster. He has no understanding of either the rules of procedure or substantive law, and apparently he has no curiosity, either. Instead, Judge Whitney appears to believe that his job is to invent new law to achieve the outcome he desires, rather than apply the law as it already exists.
As a result, parties appearing before Judge Whitney may expect to be blindsided by all sorts of rulings that find no support in the law or the rules. Discovery rules are not enforced, and abusive tactics by counsel are amply rewarded by Judge Whitney's "creative" personal view of how things should work.
Do not bother filing any sort of complex motion before Judge Whitney. He will deny it, generally providing a two-line "explanation" on the scribble page, which generally provides more insight into Judge Whitney's lack of understanding of the motion than reasoning or basis for his ruling.
Do not pay any attention to Judge Whitney's pretrial order admonishing against "Rambo lawyering," either. Judge Whitney does nothing to rein in abusive or inappropriate behavior by attorneys or parties. Whining and name-calling is tolerated and at times taken to heart, to the detriment of a lawyer who takes his obligations seriously.
It is a jungle in Judge Whitney's courtroom. Lawyers who ground their positions in the law and the rules are punished, while hacks who make up rules and law to suit their purposes are rewarded.