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Hall & Evans has litigated more civil appeals in the 10th Circuit Court of Appeals than any other Colorado law firm as well as more civil appeals before the Colorado Court of Appeals and the Colorado Supreme Court. David Brougham is a member of this group. I have always enjoyed handling all aspects of the cases I try on behalf of Colorado public entities from the trial court through any necessary appeals. If you do a good job at trial, after all, an appeal might not be necessary. These clients tell me that my writing style is straightforward and easy to understand. This places my clients in a good position at the appeals level, where so much rests on the quality of the written arguments. David Brougham defends public entities and other clients in their trials and appeals. For more than 35 years, he has defended the State of Colorado as well as counties, cities, and public officials in litigation that involves monetary damages. Among the most significant of his 50 appeals are: Establishment of a Trinity hearing as an accepted tactic for public entities that are defending against sovereign immunity lawsuits. In Trinity Broadcasting of Denver, Inc., v. City of Westminster, the Colorado Supreme Court ruled for our client and established a standard for deciding motions based on sovereign immunity under Rule 12 (b) (1) CRCP (subject matter jurisdiction). The effect was to generate a jurisdictional decision by the judge, giving public entities facing lawsuits two opportunities to get a case dismissed before an actual trial. In Fritz v. Regents of the University of Colorado, the court rejected a constitutional challenge of a Colorado statute requiring that, in order to bring an action against a public entity, the person claiming to have suffered an injury must file a written notice within 90 days after the date of discovery of the injury. (In 1979, the notice period was expanded by law to 180 days.) In Mason v. Colorado Board of Parole, the Colorado Supreme Court reversed the Court of Appeals and ruled that the Board and its individual members enjoyed absolute quasi-judicial immunity. In other words, they were immune from civil suit if a parolee killed or injured a third party after being paroled. Brougham served on The Civil Justice Reform Act Advisory Group of the U.S. District Court for the District of Colorado, a group that assisted the federal court in addressing methods to reduce costs and prevent delays in litigation. In addition, he was deputy district attorney in both the Second and Fourteenth Judicial Districts and a member of the Colorado District Attorney’s Council. Presentations Brougham speaks on questions of civil rights and the defense of public officials to: Colorado State Employees State of Colorado Department of Law Colorado County Attorneys Conference County Officials in Colorado New Commissioner and Elected Official Orientation Public Risk Managers Association Colorado Municipal League Colorado Judicial Conference Memberships Colorado Bar Association Denver Bar Association American College of Trial Lawyers, Fellow International Association of Defense Counsel Defense Research Institute Business/Community Involvement Colorado Municipal League Hundred Club of Denver Education University of Colorado, J.D., 1969 Western State College of Colorado, B.A., History, 1962 Admitted to Practice Colorado, 1969 U.S. District Court, District of Colorado U.S. Court of Appeals, 10th Circuit U.S. Supreme Court Outside the Office When not helping clients with their appeals, I like to play golf and enjoy some success at it. I’ve won the regular and senior Denver Bar tournaments a few times. I also enjoy fishing and hunting. Recently, I’ve contacted other officers from U.S. Navy Patrol Squadron 2, my unit in Vietnam, to renew old acquaintances and make plans for a reunion. Please contact me at any time with your questions regarding civil appeals. | 