Thomas B. Flesher

Commission: meets standards

The Tenth Judicial District Commission on Judicial Performance unanimously agreed with a total of 8 commissioners present and 1 commissioner abstaining that Judge Thomas B. Flesher MEETS PERFORMANCE STANDARDS. The Colorado statutory judicial performance standards are integrity, legal knowledge, communication skills, judicial temperament, administrative performance, and service to the legal profession and the public.

The Commission conducted a personal interview with Judge Flesher on June 2, 2022, and also interviewed the Chief District Judge Deborah Eyler, District Attorney Jeff Chostner and Chief Public Defender Albert Singleton on May 3, 2022. The Commission reviewed opinions Judge Flesher authored and observed him in court on numerous occasions. Judge Flesher’s demeanor is described as being flexible, ability to keep calm in stressful situations, compassionate and respectful. However, there were concerns raised that Judge Flesher can lose his temper too quickly or react emotionally in a negative fashion and can take too long to issue written orders. Judge Flesher understands these concerns and is taking steps to resolve those behaviors. Judge Flesher stated that he realizes some of the orders take a long time to issue; however, he is very cognizant of the majority of these orders directly impact parties’ lives and he is very conscientious about that responsibility. Judge Flesher stated he enjoys his job, co-workers and staff however, admits his area of law, while he enjoys what he does, can be challenging and emotional at times, but also very rewarding when helping the citizens of Pueblo.

The Commission reviewed judicial performance survey responses from attorneys and non-attorneys who had interaction in Judge Flesher’s court. Among the survey questions was "based on your responses to the previous questions related to the performance evaluation criteria, do you think Judge Flesher meets judicial performance standards?" Of the attorneys responding to the survey, 43% answered yes; 29% answered no; and 29% had no opinion. Of the non-attorneys responding to the survey, 95% answered yes; 0% said no and 4% had no opinion. A total of 15 attorneys and 19 non-attorneys responded to the judicial performance surveys expressing their opinion of Judge Flesher. Judge Flesher received ratings above the statewide average among all District with a 3.5 as compared to 3.4 for all district court judges standing for retention with regard to all the areas surveyed: (1) case management, (2) application and knowledge of law, (3) communications, (4) demeanor, (5) diligence; and (6) fairness.

Judge Flesher was appointed to the District Court in Pueblo, Colorado in March, 2008. At this point in time, Judge Flesher presides over 100% criminal matters in Pueblo, Colorado. He received his bachelor's degree from Oregon State University in 1982, and his Juris Doctorate from University of Colorado School of Law in May of 1985. He previously served as a staff attorney for Pueblo County Legal Services, Deputy State Public Defender and in private practice prior to his appointment to the bench.

State evaluation page · 2022 survey report (PDF)

Commission: meets standards (10–0)

The Tenth Judicial District Commission on Judicial Performance unanimously (10-0) 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, Judge Flesher is assigned 25% of the criminal docket and 100% of the juvenile delinquency docket. The Commission considered results from the Judicial Performance Survey, interviews with agencies, extensive courtroom observations, reviewed the written opinions, reviewed Judge Flesher’s self-evaluation, and his individual interview with the Commission. Regarding the Judicial Performance Survey, all of the groups surveyed had a sufficient response rate. Of attorneys completing the survey, 94% recommended to retain, 7% recommended not to retain, and 0% made no recommendation. Of non-attorneys completing the survey, 76% recommended to retain, 10% recommended not to retain, and 14% made no recommendation regarding retention.

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 and compassionate treatment of all parties 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. 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. It was also noted by several agency representatives that Judge Flesher is very sympathetic to the difficult issues presented in juvenile proceedings and he is very accommodating to the parties to keep certain issues from being heard by the public; including having the parties approach his bench and turning on his white-noise system, to keep everyone else from hearing the discussion. 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. Overall, Judge Flesher conducts himself, inside and outside the courtroom, in a manner that is fitting of his position as a District Court Judge. Judge Flesher maintains appropriate control of his courtroom and the attorneys that practice in front of him.

State evaluation page · 2016 survey report (PDF)