A former Colorado judge, Lance P. Timbreza, has been publicly censured after admitting that his judgment was impaired by alcohol during an informal gathering at a state bar event. The incident, which took place in June 2022, led to Timbreza’s resignation as a district judge in Mesa County, Colorado, according to a recent decision by a special tribunal of the Colorado Supreme Court on April 24. The story has gained coverage on Law.com and Colorado Politics.
During the gathering, which included eight people, Timbreza repeatedly propositioned a lawyer. While Timbreza believed his advances were welcomed, several witnesses noted that the lawyer initially appeared comfortable but grew increasingly uncomfortable and tense as the event progressed. It is worth noting that both Timbreza and the lawyer involved are gay, although the Colorado Commission on Judicial Discipline considered this fact irrelevant, it was included in the stipulated facts at Timbreza’s request.
One incident involved Timbreza showing the male attorney a photo of a naked gay porn actor, believing he had permission to do so. However, the attorney, who is younger and less experienced than Timbreza, maintains that he did not give permission and did not welcome Timbreza’s advances. The stipulated facts state that the lawyer “made best efforts to politely decline [former] Judge Timbreza’s overtures instead of forcefully rejecting them.” Later in the evening, Timbreza accompanied the lawyer to his hotel room.
En route, Timbreza kissed the lawyer, who did not want the kiss but did not explicitly express rejection. The lawyer also did not expressly refuse Timbreza when they entered the hotel room. The details of what transpired in the room remain unclear, as the lawyer has been emotional when discussing the case and has been unable or unwilling to disclose what occurred.
Timbreza, recognizing that his alcohol consumption compromised his judgment and objective perception of events, acknowledges that his propositions were unwelcome and his conduct inappropriate. As a result, Timbreza admits to abusing the prestige of his office, engaging in conduct that created an appearance of impropriety, and violating an ethics rule prohibiting sexual harassment. In addition to the public censure, he has been ordered to pay over $20,000 in attorney fees.
This is not the first time Timbreza has faced disciplinary action. He had previously received a public censure and a 28-day suspension without pay for driving while impaired by alcohol. He also received a private censure for delays in the performance of his judicial duties.
In handling the case, a special tribunal consisting of seven appeals court judges was assigned instead of the Colorado Supreme Court, as specified under a court rule adopted in January. The rule requires recusal of the Colorado Supreme Court in certain circumstances, such as when a current or former state supreme court justice is a key witness or when a justice’s employee or family member is involved. The specific circumstance triggering the recusal in this case remains unknown.
Colorado’s Office of Attorney Regulation Counsel does not list the former judge’s contact information. No immediate response was received from Timbreza’s lawyer, Nancy L. Cohen of Cohen Black Law, in regards to a request for comment by the ABA Journal.