Summaries of Published Opinions, 0220 COBJ, Vol. 49, No. 2 Pg. 93
| Position | Vol. 49, 2 [Page 93] |
COLORADO SUPREME COURT
December 2, 2019
2019 CO 98. No. 19SA260. In the Matter of Timbreza.
Violation of Duties as a Judge—Public Censure—Suspension.
On September 3,2019, Judge Lance P. Timbreza pleaded guilty to driving while ability impaired and was sentenced to one year of probation, alcohol monitoring, a $200 fine, useful public service, and two days of suspended jail time. The Colorado Commission on Judicial Discipline (the Commission) recommended approval of the Stipulation for Public Censure and Suspension (the Stipulation), which Judge Timbreza and the Commission executed pursuant to Colorado Rules of Judicial Discipline 36(c), 36(e), and 37(e).
Consistent with the Stipulation, the Commission recommended that the Supreme Court issue a public censure and a 28-eight-day suspension of Judge Timbreza's judicial duties without pay. The Court concluded that the terms of the Stipulation comply with RJD 37(e) and are supported by the record of the proceedings. Therefore, the Court ordered the Stipulation to become effective and issued the agreed-upon sanctions.
The Court publicly censured Judge Timbreza for failing to maintain the high standards of judicial conduct required of a judge; for violating Canon Rule 1.1 of the Colorado Code of Judicial Conduct, which requires a judge to comply with the law; and for violating Canon Rule 1.2, which requires a judge to act at all times in a manner that promotes public confidence in the judiciary and avoids impropriety and the appearance of impropriety. Further, the Court suspended Judge Timbreza from his judicial duties without pay for 28 days, to be served by January 31, 2020.
December 9, 2019
2019 CO 99. No. 16SC269. Rail v. People.
Criminal Law—Objections and Waiver—Verdicts or Findings—Special Interrogatories.
A jury found defendant guilty of sexual assault on a child. In response to a special interrogatory, the jury also found that defendant committed the offense as part of a pattern of abuse and that the People proved each of the listed incidents of sexual contact. However, in response to a unanimity interrogatory that the trial court failed to read aloud, the jury indicated that these same incidents of sexual contact were not proved. Defendant contended that his conviction amounts to structural error, requiring reversal under Sanchez v. People, 2014 CO 29, 325 R3d 553.
The Supreme Court held that under People v. Rediger, 2018 CO 32,416 R3d 893, defendant did not waive his claim because he had no reason to be aware of the inconsistency of the jury's responses. Next, turning to the merits of defendant's claim, the Court held that Sanchez does not compel reversal because, unlike in that case, the jury here returned a guilty verdict reflecting its unanimous finding of guilt beyond a reasonable doubt, and any ambiguity in that verdict was resolved through individual polling of the jury.
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