On Monday, April 24, 2023, the Special Tribunal of the Supreme Court of the State of Colorado publicly censured Lance P. Timbreza, a former Judge of the Mesa County District Court, for misconduct involving impropriety by making unwelcomed multiple sexual requests towards a lawyer.
The case is entitled “In the Matter of Lance P. Timbreza,” and was brought by the Colorado Commission on Judicial Discipline with case no. 2023 CO 16.
The charges cited Code of Judicial Conduct 1.1, 1.2, 1.3, and 2.3 which states:
A judge shall comply with the law, including the Code of Judicial Conduct.
A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
A judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so.
A judge shall not engage in harassment, including but not limited to bias, prejudice, or harassment based on race, sex, or gender.
The former Judge of the Mesa County District Court appeared before the Special Tribunal of the Colorado Supreme Court for the imposition of discipline based on the violations of his duties while still sitting in the judicial office. His misconduct arose during a conference he attended around June 2022. Allegedly, after the respondent became visibly intoxicated around midnight after a gathering, he privately made repeated sexual propositions to an attorney, which included requests that they leave the gathering together to go to the attorney’s condo/hotel room by themselves.
The filing states:
“Former Judge Timbreza used his cell phone to show Attorney 1 at least one pornographic image. However, [former] Judge Timbrez maintains that he merely showed Attorney 1 a single still photograph of a naked gay porn actor from an adult website. [Former] Judge Timbreza believed he had Attorney 1’s permission to show the picture. Attorney 1 maintains that he did not give such permission and did not welcome these propositions. Several witnesses reported that Attorney 1 appeared comfortable with [former] Judge Timbreza initially. But as [former] Judge Timbreza became more intoxicated, Attorney 1 appeared uncomfortable and tense while talking to [former] Judge Timbreza. Some witnesses also reported that both looked at one of the men’s cell phones for a couple of minutes and both appeared to be sitting very close together.”
The filing continues:
“Attorney 1 made best efforts to politely decline [former] Judge Timbreza’s overtures instead of forcefully rejecting them. Ultimately, at the end of the evening, [former] Judge Timbreza and Attorney 1 went to Attorney 1’s hotel room. On the way to the hotel room, [former] Judge Timbreza kissed Attorney 1. Though Attorney 1 did not want this kiss, Attorney 1 did not physically stop [former] Judge Timbreza or tell him no either.”
The filing additionally states:
“Former Judge Timbreza maintains that at all times throughout the evening, he believed that his propositions to Attorney 1 were welcome. [Former] Judge Timbreza recognizes now that his perception of the evening’s events, on the one hand, and Attorney 1’s perception of the evening’s events, on the other, stand in contrast to one another. [Former] Judge Timbreza acknowledges that due to his alcohol consumption on the night in question, his judgment and his ability to objectively perceive events were compromised. In light of the investigation in this case, he sees now that his propositions were not welcome and that his conduct was inappropriate.”
After reviewing the law, evidence, record of proceedings, stipulations, and recommendations from the commission, the Special Tribunal has determined that the stipulations are supported by the record of proceedings. Therefore, the Special Tribunal has ordered the stipulations to become effective and has issued the agreed-upon sanctions.
The Disposition states:
“The Special Tribunal hereby publicly censures you, former Judge Lance P. 14 Timbreza, for violating Code of Judicial Conduct Canon Rules 1.1, 1.2, 1.3, and 2.3, as well as CJD 08-06. The Special Tribunal also orders you to pay $20,658.00 in attorney fees and costs to the State of Colorado, through the Commission.”
Judge Timbreza’s former courtroom is located at 125 N Spruce St, Grand Junction, CO 81501, and can be reached at +1 970-257-3625. His info can be found on ballotpedia.org.
A copy of the original filing can be found here.
