Benchslaps

That Awkward Moment Where The Judge Marks Up Your Proposed Order To Say You’re Misstating The Record

Judge benchslaps high-profile GOP attorney with amusing mark-up.

editing revision revise edit redline blackline markupIn the annals of benchslaps, this is one of the most understated and, consequently, most damning. And it’s all over a painting. A single, solitary painting of cattle, making it also arguably the dumbest subject of a benchslap ever.

Two days before Christmas, a creditor (technically “creditors” — the entity and its principal) filed a motion to stay a bankruptcy court order pending appeal that authorized the trustee for BNP Petroleum to sell “Texas Longhorns,” a painting by James B. Robinson. The attorney for Black Energy, Andy Taylor, claims his client is the rightful owner of the painting and plans to appeal. He included a proposed order with his motion, as one does.

Before we get to the judge’s brutal response, it’s worth pointing out that Andy Taylor is no novice. He’s a superstar lawyer for Texas Republicans from now-Governor Abbott to President George W. Bush to Actual President Dick Cheney.[1] So you wouldn’t expect someone with this much experience to expose themselves to such a resounding benchslap. But, I guess when you’re back is against the wall you have to take some risks.

Bankruptcy Judge David R. Jones was having none of this proposed order.

“[H]as no legitimate basis, misstates the record, fails to address movants’ failure to attend the hearing and is otherwise lacking in the requisite good faith required for a stay.” Ouch.

It looks like that painting of Longhorns is getting a new owner. Well, you know what they say: only two things come from Texas — steers and snippy benchslaps.



[1] Who lived in Texas right up until someone pointed out the constitutional issue with a president and vice-president being citizens of the same state.