Amid Cloud Of Secrecy, Judge Charged With Felony And Removed From Position

He's facing a felony menacing charge.

Mark Thompson, chief judge for Colorado’s Fifth Judicial District, was charged with felony menacing with a real or simulated weapon. He was removed from his position after the charges were filed over the weekend. This is the culmination of an investigation by the Colorado Bureau of Investigation into an incident on July 25.

But exactly what led to the investigation and charges? Well, that’s a secret. As reported by the Denver Post:

Prosecutors with the Fifth Judicial District Attorney’s Office wrote in a motion requesting the secrecy that it was necessary because Thompson was a public official and “prominent member” of the community.

“The release at this time of any of the documents of record in this matter could result in disclosure of information that could result in destruction, or secreting evidence and tampering with identified and unidentified witnesses, which could jeopardize the ongoing investigation and/or interfere with the rights of the defendant, including irreversible harm to reputation, and the defendant’s and the People’s right to a fair trial,” the prosecutors wrote.

Fifth Judicial District Attorney Heidi McCollum insisted there was nothing untoward about the order, signed by Judge Paul Dunkelman, who was named as interim chief judge while the case against Thompson is pending:

“There’s nothing in that intended to be secret or nefarious or hiding anything,” McCollum said. “…We just wanted to give a chance to the district that did get it, that they would be able to get it clean and handle in whatever way they thought appropriate to be able to respond to the press.”

Colorado Supreme Court Chief Justice Brian Boatright’s statement on the case emphasizes giving the legal system an opportunity to work:

“The matter involving Judge Thompson will be properly addressed through the legal system,” Boatright said in a news release. “Judge Thompson has the presumption of innocence, and he is entitled to and deserves due process.”

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All of the judges in Thompson’s judicial district have recused themselves from his case. Judge Sean Finn, of the 17th Judicial District, will preside over the matter.


Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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