A special tribunal of the Colorado Supreme Court on Monday censured former Mesa County District Court Judge Lance P. Timbreza for his inappropriate sexual contact with another lawyer – the latest incident in Timbreza’s history of misconduct while on the bench.

For the first time ever, the Supreme Court justices did not hand down the censure. The responsibility fell on seven Court of Appeals judges who formed a special tribunal under a rule the Supreme Court enacted in January.

Under the rule, the Supreme Court must recuse itself from exercising disciplinary authority under five scenarios, including when a current or former justice is a key witness in the proceeding, and when a justice’s employee or family member is either a witness or the person who files the complaint.

The clerk for the Supreme Court told Colorado Politics she did not know which provision triggered the entire court’s obligation to recuse.

According to the facts agreed upon by Timbreza and the Colorado Commission on Judicial Discipline, Timbreza’s most recent episode of misconduct happened in June 2022 at a conference of the Colorado Bar Association.

The first night of the conference, held at a condominium complex in the mountains, Timbreza was visibly intoxicated. Timbreza, who was the first openly gay judge in Mesa County, repeatedly propositioned another gay lawyer, identified as “Attorney 1.”

Timbreza showed Attorney 1 at least one picture of a “naked gay porn actor” on his cell phone. Attorney 1 later said he did not consent to Timbreza’s overtures, and grew uncomfortable.

Eventually, Timbreza and Attorney 1 went to the latter’s hotel room, where Timbreza kissed Attorney 1. The two men entered the attorney’s room, although Attorney 1 did not try to stop the judge.

“What happened next is unclear,” read the stipulation of facts. “Attorney 1 has been emotional when discussing this case and has been unwilling or unable to disclose what happened in the hotel room.”

Timbreza claimed he lay in bed and fell asleep.

“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,” the stipulation continued. “In light of the investigation in this case, he sees now that his propositions were not welcome and that his conduct was inappropriate.”

Timbreza resigned last September.

The judicial discipline commission and Timbreza agreed he violated multiple tenets of professional conduct, including by abusing his judicial office to advance his personal interests, creating an appearance of impropriety and engaging in sexual harassment.

Previously, Timbreza received a censure and unpaid suspension for drunk driving. His record also includes a private reprimand for delays in his work. In total, Timbreza served on the district court for just over six years.

The unsigned order from the special tribunal agreed to impose the public censure, plus $20,658 in attorney fees and costs on Timbreza. The members of the tribunal were Court of Appeals Judges David Furman, Craig R. Welling, Lino S. Lipinsky de Orlov, Neeti V. Pawar, David H. Yun, Timothy J. Schutz and Katharine E. Lum.