The Summit County district court judge who recently launched into a courtroom tirade just two days after returning from a mandated suspension and anger-management counseling has resigned.
District Judge Mark Thompson resigned from the bench, the Colorado Supreme Court confirmed Tuesday, following a Denver Gazette account of how the judge repeatedly tore into a pair of lawyers involved in a civil lawsuit before him a month ago.
"I apologize for the short notice, but personal circumstances leave me no alternative," Thompson wrote in a resignation letter to Chief Justice Brian Boatright on Dec. 18. Thompson said his term would end Friday, Jan. 13.
Thompson also wrote 5th Judicial District Chief Judge Paul Dunkelman, who replaced Thompson earlier this year, and said that he would "not conduct any hearings or conferences prior to my retirement," but rather handle only in-chambers paperwork.
Thompson called his time on the bench "the greatest honor and privilege of my life," according to the letter to Dunkelman.
Thompson did not respond to Denver Gazette efforts to reach him Tuesday.
The Supreme Court is expected to announce the resignation officially on Wednesday, when it is likely to say applications to replace Thompson will be accepted by that district's judicial nomination committee. The committee will narrow it to three finalists and submit those names to Gov. Jared Polis for his selection.
Thompson's courtroom altercation left at least one of the attorneys “fearful” for his safety, according to court documents tied to the matter.
The lawyer said Thompson had actually “screamed” at them and that the lawyer “just sat back and took the court’s anger and displeasure without standing up for myself.”
“I was physically affected by the lack of decorum and outright anger directed at me,” attorney William Falcone wrote in a motion for Thompson to remove himself from the case, which he denied. “I was frightened and still am fearful of how I will be treated in this courtroom in the future.”
The judge was upset that the two lawyers had dawdled with the paperwork necessary for an upcoming civil trial. He dismissed the case as well as sanctioned the lawyers, which included a threat of jail time for contempt. Thompson rescinded the punishments, which included an acknowledgement of his own disappointment for his conduct, after one of the lawyers asked him to reconsider.
Thompson, 55, had just returned from a 30-day suspension ordered by the Colorado Commission on Judicial Discipline for a misdemeanor disorderly conduct conviction outside of court he sustained months earlier. Part of his criminal sentence was to continue with anger-management counseling.
Thompson had allegedly threatened his stepson in July 2021 with an AK-15-style rifle in their home after a protracted argument in which he is accused of saying he’d “put a .45 through” the head of the driver of a car the stepson was riding in earlier. The car allegedly had been driven toward the judge at a high rate of speed while he was walking his dog.
Thompson told the Supreme Court that several life events had caused him “significant emotional strain,” including a death in his family and threats on his life because of his work as a jurist. Sheriff’s deputies said they had done “enhanced security patrols” at the judge’s home as a result.
Despite assertions that he and his 23-year-old stepson had “made extraordinary progress reconciling their differences” and had a healthier relationship, the discipline commission ordered the 30-day unpaid suspension in October as punishment.
Thompson had been the chief judge of the 5th Judicial District since 2013 and a district judge there since 2010. The district is composed of Summit, Lake, Clear Creek and Eagle counties.
He stepped down as chief after his guilty plea to the misdemeanor charge – he was initially charged with felony menacing – and stepped away from handling additional criminal cases.
Thompson had practiced law out of Breckenridge for 18 years before Gov. Bill Ritter appointed him to the bench. He was twice retained by voters following unanimous approval by the district’s judicial performance commission as having met professional standards.
His 2020 evaluation by the commission, however, gave a hint of his future troubles.
“While still rated quite high in demeanor, he acknowledges that his tone may sometimes be misinterpreted and makes efforts to improve in that area,” the performance commissioners wrote.
It’s unclear what impact Thompson’s resignation or the courtroom outburst will have on his law license. It was suspended for six months in July 2022 by the Office of the Presiding Disciplinary Judge, which is the oversight authority for attorneys. That was set aside if Thompson stayed out of trouble for a year.
