Categorized | Civil, Featured Stories

Severe Potty Mouth Nets Two-Month Suspension

By Matt Masich, LAW WEEK COLORADO
DENVER — Even the most cool-headed lawyers lose their temper sometimes. But the next time you are at the end of your rope with opposing counsel or a judge, remember that anything you say can be used against you by the Office of Attorney Regulation Counsel.
Last month, Denver attorney Thomas Blumenthal agreed to a conditional admission of misconduct for an impressive series of incidents in 2007 and 2008 in which he was less than cordial with other lawyers and courthouse employees.
Blumenthal admitted to violating four of the Colorado Rules of Professional Conduct.
He was given a two-month suspension, effective June 9, which will be waived if he keeps out of trouble during a three-year probation; completes a one-day ethics school; regularly attends a designated bipolar support group and anger management class; meets with a psychotherapist every two weeks for the first year of his suspension; and meets with other designated doctors every six weeks for the first year of his suspension.
Blumenthal, a criminal defense attorney with a downtown practice, did not return a phone message seeking comment, but here are a few of the incidents involving him, filed in the OARC complaint:
● After a disagreement with a Jefferson County deputy district attorney, Blumenthal said “f— you” and called him “motherf—er,” and later added, “One day I will get the drop on you and make you pay.” [Violated Colo. RPC 4.4(a), 8.4(d), 8.4(h)]
● When Blumenthal started yelling at an Arapahoe County deputy district attorney, she called in a sheriff’s deputy. When the deputy asked him what happened, Blumenthal responded by calling the deputy DA a crude reference to a woman’s anatomy. When the deputy took exception to the remark, Blumenthal amended his statement, saying the crude reference to a woman’s anatomy was also “bloody.” [Violated Colo. RPC 8.4(d), 8.4(h)]
● At the Boulder County Courthouse, a security deputy took Blumenthal’s pen when it set off the metal detector. Blumenthal grew upset when the deputy opened the pen and said to him, “f— you” and “kiss my a–.”
● At the Denver District Courthouse, Blumenthal became upset that he had to go through security, used “a number of swear words” with the security deputies and threw his belt in the direction of one of the supervisors. When Blumenthal later spoke with the supervisor, he told him, “I didn’t throw my best at you; don’t you think I could hit you if I had tried? I was a pitcher.”
● In Adams County, a deputy district attorney refused to show the prosecution’s notes to Blumenthal. Angered, Blumenthal said (according to the original complaint): “You want to play f—ing games with me? Is that what you want? You want to play games? You’re a government employee, you know that? You work for the government. Someday you’re going to get out of the sandlot, and if you play games like this, you’re going to get killed.” The deputy district attorney reported he took this to mean getting killed in court, metaphorically, and not as a threat on his life.

Distributed by Colorado Capitol Reporters

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