Tenth Judicial District - District Court Judge
Honorable Thomas B. Flesher
Retention Year: 2010
Recommendation: Retain
Reports:
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The Tenth Judicial District Commission on Judicial Performance unanimously recommends that Judge Thomas B. Flesher BE RETAINED.
Judge Flesher was appointed to the District Court in March 2008. Prior to his appointment, he worked for Colorado Legal Services for approximately three and one-half years, the Colorado Public Defender’s Office for approximately 19 years, and private practice for a brief period of time. The Commission reviewed the survey results of lawyers and non-lawyers, heard directly from agency representatives who were familiar with Judge Flesher’s work, conducted a personal interview with Judge Flesher and reviewed three of his written opinions, as well as observed Judge Flesher in his courtroom. Presently, 50% of his caseload consists of criminal proceedings and 30% domestic relations. He also carries a 15% juvenile caseload and a 5% civil caseload.
Judge Flesher takes seriously his responsibilities and is committed to the job. The Commission found Judge Flesher’s greatest strength to be his demeanor and respectful treatment of all litigants in his courtroom. This specific strength was commented upon by nearly every agency representative and numerous times in his lawyer and non-lawyer surveys. Judge Flesher is well versed in criminal law due to his past experience in that area. He is still learning and gaining knowledge in domestic and civil law, and it is expected that his performance in these areas will improve as he gains more experience and time on the bench. He has shown his willingness to do the work and exert the extra effort to compensate for his lack of experience in civil law. Judge Flesher gives all parties an opportunity to be heard and conducts his courtroom with dignity and respect. In particular, Judge Flesher permits litigants sufficient time for jury selection and allows cases to develop and proceed at an appropriate pace.
An area of improvement for Judge Flesher is the timeliness of his written and oral rulings. Timeliness of the rulings affects the litigants and the cases themselves. Judge Flesher acknowledges the importance of this issue and is working on his efficiency in that regard. Judge Flesher also needs to be cognizant of his overall courtroom presence. He is soft-spoken and needs to be sure that his voice projects throughout the courtroom. Overall, Judge Flesher conducts himself, inside and outside the courtroom, in a manner that is fitting of his position as a District Court Judge and reflects good awareness of the Canons of Judicial Conduct. Judge Flesher appropriately refrains from conversations with litigants and witnesses outside the courtroom and fully understands the social sacrifices necessary to avoid potential conflicts of interest. Judge Flesher leads by example.
Survey results for Judge Flesher, from both lawyers and non-lawyers, showed an above average recommendation for retention. His overall rating was in line with other district court judges throughout Colorado.