On Wednesday, June 7, 2023, the Presiding Disciplinary Judge of the Supreme Court of Colorado publicly censured attorney Lance Philip Timbreza for his inappropriate sexual contact with a younger lawyer.

The case is entitled “People v. Lance Philip Timbreza” with case no. 23PDJ028.

The charges cited Colorado Rules of Professional Conduct 8.4(i) which states:

Providing that it is professional misconduct for a lawyer to engage in conduct the lawyer knows or reasonably should know constitutes sexual harassment where the conduct occurs in connection with the lawyer’s professional activities.

The Rules of Professional Conduct can be found here.

In June 2022, while attending a Colorado Bar Association conference, Timbreza, who served as a judicial officer, engaged in misconduct involving a younger lawyer. Witnesses reported that Timbreza, visibly intoxicated, made repeated sexual propositions to the lawyer and showed at least one pornographic image on his cell phone. Although there was disagreement about the lawyer’s level of comfort, it was apparent that Timbreza’s advances made the lawyer increasingly uncomfortable. Despite the lawyer’s attempts to decline politely, Timbreza and the lawyer ended up in the lawyer’s hotel room, where further details remain disputed. Timbreza acknowledges that his alcohol consumption impaired his judgment and compromised his ability to objectively perceive events, recognizing his conduct as inappropriate.

The filing states:

“Several witnesses reported that Timbreza became visibly intoxicated around midnight. During the gathering, Timbreza privately made repeated sexual propositions to the lawyer, including requests that they leave the gathering together to go to the lawyer’s hotel room by themselves. Timbreza used his cell phone to show the lawyer at least one pornographic image. Timbreza believed he had the lawyer’s permission to show the picture, but the lawyer disagrees.”

The filing continues:

“The lawyer reported being nervous about Timbreza’s overtures and attempted to politely decline, rather than forcefully reject them. Ultimately, at the end of the evening, Timbreza and the lawyer went to the lawyer’s hotel room. On the way, Timbreza kissed the lawyer, who did not want the kiss but did not physically stop Timbreza or tell him no. Timbreza entered the lawyer’s hotel room. The lawyer did not try to stop Timbreza from entering his room or tell him no. What happened next is unclear, as Timbreza and disciplinary authorities have agreed not to detail those disputed facts.”

Through this conduct, the Presiding Disciplinary Judge of the Supreme Court of Colorado approved the parties’ stipulation to discipline and publicly censured the respondent.

The Disposition states:

“The Presiding Disciplinary Judge approved the parties’ stipulation to discipline and publicly censured Lance Phillip Timbreza (attorney registration number 38229), effective June 7, 2023. Timbreza must also complete a sexual harassment awareness and prevention program within one year’s time.”

Mr. Timbreza practices in Grand Junction, Colorado. He is licensed in Colorado with license no. 328229. His info can be found on avvo.com.

A copy of the original filing can be found here.