The Colorado Office of Attorney Regulation Counsel opened an investigation into 23rd Judicial District Attorney George Brauchler in March after a former congressional candidate in Colorado complained Brauchler called him a “racist” on social media.

Justin Schreiber, who is being prosecuted within the 23rd Judicial District, requested an investigation into Brauchler’s social media posts on X he made in January after taking office as the new judicial district’s first district attorney.

In 2023, Schreiber dropped out of the 4th Congressional District race after he was charged with felony stalking, misdemeanor harassment and attempting to influence a public servant.

Brauchler, on social media platform X on Jan. 26, called Schreiber a “racist” in multiple different reply posts.

Schreiber filed a request for investigation into Brauchler’s alleged extra-judicial statements with the Colorado Supreme Court’s Office of Attorney Regulation Counsel (OARC). Officials then sent a letter to Brauchler on March 27 notifying him of the investigation and asking him for more information, according to a copy of the letter obtained by The Denver Gazette.

Attorney Regulation Counsel officials couldn’t confirm the status of the investigation or its existence, per Colorado law.

Without further comment, a spokesperson for Brauchler told The Denver Gazette the district attorney did respond to the investigation letter and request for more information. The spokesman declined to release a copy of Brauchler’s response to the OARC.

The OARC is investigating whether Brauchler violated Colorado rules of professional conduct for attorneys, specifically stating a lawyer participating in litigation should not make extrajudicial statements about the case outside of court.

One of three questions asked for Brauchler to respond to was “do you believe referring to Mr. Schreiber as a racist on X will have a substantial likelihood of materially prejudicing his pending criminal proceedings?”

The other two questions, according to the letter, were:

“Do you believe referring to Mr. Schreiber as a racist on X has a substantial likelihood of heightening public condemnation of him?”

“Please explain whether you believe that referring to Mr. Schrieber as a racist on X was necessary to inform the public of the nature and extent of your actions and serves a legitimate law enforcement purpose.”

If found to have violated any rules, an attorney’s discipline depends on the severity of the violation.

“An attorney who violates the law or the rules is subject to discipline,” according to the OARC website. “In cases involving minor misconduct, an attorney may be admonished, censured, or placed in a diversion program. In serious matters, attorneys face suspension of their license to practice law or disbarment.”

Brauchler often uses social media to criticize laws passed by the state legislature. Notably, Brauchler has called out Democratic lawmakers, including Gov. Jared Polis, arguing they aren’t strict enough on crime and incarceration.

Schreiber continues to face felony stalking and influencing a public servent charges within the 23rd Judicial District. It serves Douglas, Elbert and Lincoln counties.

According to probable cause affidavits, Schreiber allegedly called in false reports to the Limon Police Department in Lincoln County, calling dispatch 32 times in three days claiming police broke into his home and planted drugs.

A protection order was issued against Schreiber after he allegedly followed an Elbert County Sheriff’s Office deputy home from work, which the deputy claimed was an act of intimidation.

Schreiber, a military veteran, said he struggles with PTSD and argued his charges were “fabricated” during his political campaign, according to 2023 reports by KRDO.

Schreiber is due back in Lincoln County court on June 5 for a motions hearing and a status conference, according to court records. 

The Denver Gazette attempted to reach Schreiber for further comment, but did not hear back by press time.

Brauchler has served as the new 23rd Judicial District Attorney since Jan. 14. The former DA for the 18th Judicial District, Brauchler is well known for handling high profile trials of the Aurora Theater and STEM Academy School mass shootings.

Editor’s note: Brauchler regularly writes op-ed columns for The Denver Gazette.