The Salt Lake law firm defending nearly 100 Utahns in the Comark bankruptcy is being disciplined by a California judge for violating court rules.
California Judge James Bar ordered two sanctions against attorney James R. Brown and the firm of Jardine, Linebaugh, Brown and Dunn on Dec. 7, 1988, for filing frivolous motions in violation of court law."I think the judge is wrong," Brown said. "That's why we're appealing the sanctions."
Sanctions are a tool used by the court to discipline attorneys who don't comply with court rules, among other things. They are extraordinary measures often accompanied by orders to reimburse either the court or others for expenses caused by the violation of court rules.
Several weeks before ordering sanctions, Barr warned Brown that he was on probation in his court for filing a series of motions the judge deemed frivilous, said Daniel L. Willick, special counsel to the trustee of the bankrupt investment company, Comark.
After Barr warned Brown, Brown filed two more motions to dismiss two suits against two of his clients. The judge denied these motions. Brown filed new motions asking the judge to reconsider his ruling. The judge deemed the motions to reconsider frivilous and in violation of local court rules. The judge ordered sanctions against Brown and his law firm.