Supreme Court gives Summit County judge unpaid suspension for criminal violation

Mark D. Thompson, a judge in the Fifth Judicial District who pleaded guilty this year to the misdemeanor offense of disorderly conduct, will receive a 30-day unpaid suspension for violating the judicial code of conduct with his actions.
The Colorado Supreme Court issued its sanction on Monday in an unsigned opinion that imposed a rare public censure on a sitting judge. The case arrived at the Supreme Court by way of the Colorado Commission on Judicial Discipline, which recommended Thompson’s sanction to the justices. It is the latest consequence Thompson has faced for brandishing a rifle at his stepson last July.
“Judge Thompson regrets the harms that he has caused to his stepson and to the public’s perception of the Judiciary,” Thompson told the judicial discipline commission. “Judge Thompson recognizes the significance of his conduct and will continue to seek ways to rebuild his relationship with his stepson and his reputation in his community.”
The judge is also serving a one-year probationary sentence with anger management treatment as part of his criminal plea, and recently received a six-month suspension of his law license from the entity that oversees attorney discipline. The suspension, however, will not take effect as long as Thompson successfully completes his probation.
Thompson has been a judge since 2010. At the time of his criminal conduct, he was the chief judge of the Fifth Judicial District, which encompasses Summit, Lake, Clear Creek and Eagle counties.
According to the narrative shared by the judicial discipline commission, Thompson was walking his dog on the night of July 25, 2021. His stepson’s friend drove a car toward him at a high rate of speed, which made Thompson afraid. The judge later asserted he had been receiving threats against his life related to his job. He also admitted there was a “larger context” of emotional strain between Thompson and his stepson.
Back in his driveway, Thompson got into a confrontation with his stepson, who was a passenger in the speeding vehicle. There were differing recollections about the details, but once inside the home, Thompson brandished an AR-15-style rifle, allegedly at his stepson’s chest. Thompson claimed the weapon was not loaded, while his stepson alleged it was.
The Summit County Sheriff’s Office responded, but recused itself once it realized who Thompson was. The Colorado Bureau of Investigation and the neighboring First Judicial District Attorney’s Office handled the case from there. Prosecutors originally charged him with felony menacing.
Chief Justice Brian D. Boatright replaced Thompson as chief judge in October 2021 and Thompson was suspended with pay for almost two months. In January of this year, Thompson pleaded guilty to disorderly conduct and resumed his duties as a judge. He is not handling criminal cases until his probation is over.
Thompson acknowledged to the judicial discipline commission his actions were “a substantial breach” of the standards of conduct. He said he and his stepson have made progress toward repairing their relationship.
“This court hereby publicly censures you, Judge Mark D. Thompson, for failing to maintain the high standards of judicial conduct required of a judge,” the Supreme Court wrote in its Aug. 29 order.
The unpaid court-imposed suspension will last from Oct. 15 through Nov. 13. The district attorney’s offices for the Fifth and First Judicial Districts did not immediately respond to a request for comment about the sanction.
Although the process of disciplining state judges largely takes place in secret and is the subject of current legislative reform efforts, Thompson is the fourth sitting judge to receive a public censure in the last three years. The Supreme Court imposed a 28-day unpaid suspension on Mesa County District Court Judge Lance P. Timbreza for his drunk driving arrest in 2019.
Then last year, the Supreme Court censured Arapahoe County District Court Judge Natalie T. Chase for a series of racial comments and other misconduct, and also censured Baca County Court Judge Debra M. Gunkel for her multiple drunk driving arrests.
Both women left the bench following their discipline. Timbreza is still a district judge, although the Supreme Court temporarily suspended him again this summer for unspecified reasons.