Friday, July 17, 2015
Judge Behrman became the Water Judge in 1978 one year after I began practicing law in 1977. He was a wonderful person and Judge to appear before and to conduct water law practice. We had a great relationship. I learned much from appearing before him as a young lawyer. In 1979 the lawyer serving as Public Administrator of Weld County died and Judge Behrman asked me to serve which I did for 20 years. I am pretty sure he did not interview anyone else, as usual he just did what he thought made sense and was right. He enlarged the duties of the office appointing me to not only distribute estates of those who had no family ties but to administer disputed estates, collect funds inappropriately spent in conservatorships and administer conservatorships of minor and incapacitated persons. He was ahead of his time as the legislature significantly expanded the role and duties of the Public Administrator only about 10 years ago. It was a very interesting postion and the only thing I practiced except water law. Only once did he deny me my Public Administrator fees and then two weeks later realized his mistake and apologized. His ruling was final, however, so I didn't get my fees, but no hard feelings. Between him and me we collected some pretty large sums to return to minor and incapacitated persons accounts that had been improperly spent or dispersed.
Judge Behrman was not a stickler for the rules, he was more interested in the truth and a fair outcome. Since probate law is usually a trial to the Court and water law is always a trial to the Court he was able to run his Court room in his easy going style. At first it was frustrating that I could not exclude evidence or testimony. Once I understood his style, it made me a bit of sloppy practitioner as far as the Rules of Evidence because his view was to let everything in and then decide what weight to give the evidence. I think he frustrated many lawyers who appeared before him who were used to a more strict application of the rules. He gave all who appeared before him much latitude to persuade him of their position. He was in my view unbiased and strove to be fair and equitable to all who appeared before him and he always had a good sense of humor that he allowed to come out even in the most serious court room situations or dramas.
Several sayings that he had that stuck with me. "Consistency is the hobgoblin of little minds." "$20 and a clean shirt" is what you need to be a party to a water court application. In regard to water court applications, "This is the Court that likes to say Yes."
On one occasion I had to testify as Public Administrator as to why I had invested the funds of an 87 year old woman in Mutual Funds which then lost value. She had died and her heirs felt the investment was inappropriate given her age. My position was I did not know how long she would live and I needed the assets to grow to support her. When the heirs attorney (Jay Cope) questioned me about this Judge Behrman interrupted and stated that his mother was 93 and that he supposed anyone in those later years could "croak any minute." That ended that line of questioning and Judge Behrman ruled my actions were reasonable.
I was too young to ever call him Bob. He was always Judge Behrman to me. And yes, Shirley Stow was his right hand. Judge, thanks for all the time we had together to practice law and for what I learned from you. I miss you. Kim Lawrence
