Nottingham a no-show today after report of resignation
Judge mired in sex-related misconduct issues
By Sara Burnett, Rocky Mountain News (Contact)
Published October 16, 2008 at 2:47 p.m.
Updated October 17, 2008 at 2:08 p.m.
Photo by Chris Schneider © The Rocky
Edward Nottingham
U.S. District Chief Judge Edward Nottingham was not in court today amid reports that he is expected to resign from the bench after a new sex-related scandal.
Nottingham's scheduled cases today were handled by another judge. His courtroom clerk said he "is not here today; he's still ill." The judge is still listed on a calendar of cases set for next week, his secretary said, because "he's still chief judge. He's not resigned."
The court's top administrator, Clerk of the Court Greg Langham, told CBS4, "I'm assuming he and his attorneys are discussing what his status (on the court) is."
Nottingham, who had started a trial earlier on Tuesday, called in sick on Wednesday and Thursday.
The Rocky first reported Thursday that sources said Nottingham is expected to quit the federal bench amid the sex scandal and a closed-door judicial misconduct hearing that didn't go well.
Nottingham could not be reached for comment, and the clerk of the U.S. District Court for Colorado said earlier he had received no official letter of resignation.
"To my knowledge it does not exist," Langham said Thursday.
Nottingham's attorney did not return a phone call.
But three sources with knowledge of Nottingham's plans, and who spoke on condition of anonymity, said the resignation is expected this week.
Earlier, 9News reported that a trial he has been presiding over will be assigned to a different judge when it resumes Monday.
Nottingham, 60, has been the subject of several judicial misconduct complaints filed with the 10th Circuit Court of Appeals in the past year.
The most recent complaint became public Thursday in a 9News report.
A former prostitute said Nottingham asked her to lie to investigators and tell them he didn't pay her for sex, the station reported.
The woman, whom 9News did not identify, worked for the former escort service Bada Bing Denver. She claimed Nottingham paid her $250 to $300 per hour for sex once a week between February 2003 and November 2004.
According to 9News, the woman filed her complaint in writing with the 10th Circuit last Friday.
The station said Nottingham had not responded to attempts to contact him.
The judge's troubles started in 2007, when his ex-wife went public with statements Nottingham made during their divorce proceedings. The judge admitted he spent $3,000 over two days at the Diamond Cabaret, a Denver strip club, but said he was too drunk to remember much of it.
Nottingham later issued a statement saying he wouldn't discuss "private and personal matters involving human frailties and foibles."
Months later, a Denver woman who uses a wheelchair complained Nottingham parked illegally in a handicapped spot, then got angry with her when she confronted him.
In a tape recording of the 911 call the woman made at the time, Nottingham is heard calmly explaining he is in the wrong.
Officers issued him a $100 ticket, which he paid, Denver police said.
Most recently, 9News reported that Nottingham's name was among a list of clients seized in a federal investigation of Denver Players, a high-end prostitution ring.
Nottingham has not been charged with a crime.
In March, Chief Judge Robert Henry of the 10th Circuit Court of Appeals, issued an order stating he was looking into allegations that a U.S. district court judge "brought disrepute to the judiciary."
Henry did not name the judge, but Sean Harrington, the man who filed the complaint, confirmed to the Rocky it was Nottingham.
Henry's decision to proceed with an investigation was unusual. Between fiscal years 2005 and 2007, fewer than half of the complaints filed nationwide moved forward, according to a report by the Administrative Office of the U.S. Courts.
Almost all those complaints were later dismissed.
Federal judgeships are lifetime appointments, paying roughly $165,000 per year. Judges may be removed only by a trial of impeachment in the U.S. Senate.
If the 10th Circuit concluded that Nottingham had committed misconduct, it would have several options: a public or private reprimand, a restricted caseload or a request that the judge voluntarily retire.
A source said Nottingham had a hearing before the panel investigating his case recently, and that the panel came down hard on him.
If Nottingham resigns, the normal outcome would be that all misconduct proceedings would terminate.
His departure would create a second vacancy on Colorado's short- handed federal bench, and come at a bad time for the court.
The Senate confirmed two new judges last month, after more than a year of disagreement between the state's two senators. A third vacancy was left unfilled.
With the presidential election weeks away, and a new president not taking office until January, it could be months before the vacancies could be filled.
Nottingham, an Eagle County native, was appointed to the federal bench in 1989.
He has presided over several high-profile trials, including that of ex-Qwest CEO Joe Nacchio.
The docket
Judge Nottingham's interesting past cases
* In 2007, Nottingham presided over the trial of former Qwest CEO Joe Nacchio, who was convicted on 19 counts of insider trading. At sentencing, he called Nacchio's actions "crimes of overarching greed" and questioned why he ever came to Colorado. Then he sentenced Nacchio to six years in prison, a $19 million fine and $52 million forfeiture. The case is on appeal.
* Also in 2007, Nottingham compared an attorney's arguments to putting lipstick on a pig - and included a photo of a lipstick-wearing animal in his 27-page order.
* In 2005, Nottingham ordered a Steamboat Springs woman thrown in jail because she wouldn't stop filing lawsuits he called "frivolous" and "gibberish."
* In 2003, his office was flooded with angry phone calls after he ruled the popular federal "do not call" list violated telemarketers' free-speech rights. An appeals court overturned the ruling.
* Also in 2003, he questioned the U.S. military's use of a mandatory anthrax vaccine. While Nottingham dismissed the case of a soldier dishonorably discharged for refusing the vaccine, he said her claims that it was unsafe were reason for concern. "The military will be held accountable if it is using its own soldiers as guinea pigs," he said.
CBS4 News contributed to this report.
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October 16, 2008
2:59 p.m.
Suggest removal
Acemon writes:
Kay,
Break out the champagne and dance till the cows come home. You've won one of your battles! Woo-hoo!
October 16, 2008
3:04 p.m.
Suggest removal
Scott writes:
About friggin' time!
Scott
October 16, 2008
3:10 p.m.
Suggest removal
dawnmarie01 writes:
Anyone else think he looks like that guy on the 'Sopranos'?
October 16, 2008
3:14 p.m.
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Denverboy1 writes:
Nottingham..........Was that not the paid for by the local Fat Cat Law in Robin Hood Stole from the poor to give to the rich after he visited the local bar wench???? I think it is also stinky cheese ..Hummmmmm stranger than fiction but most of our government is like....
October 16, 2008
3:15 p.m.
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blondiearvada writes:
Paulie is in Denver! Sweet!
October 16, 2008
3:19 p.m.
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peteSmith writes:
Actually, it's related to a new scandal that has not yet been released, yet, but will be released later this evening or tomorrow a.m., and which will include interviews with Senators, among others. See http://www.knowyourcourts.com/News/ne...
October 16, 2008
3:48 p.m.
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gs writes:
Kay, how about nine or ten paragraphs about how you were railroaded?
October 16, 2008
3:52 p.m.
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Bonji writes:
Hopefully the Sopranos will start taping again so this guy can get a job.
October 16, 2008
3:58 p.m.
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Who_Me writes:
Arrogant trick, but starts with a P.
October 16, 2008
4 p.m.
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DaC writes:
Nottingham was an excellent judge in any given case. He's let down the Denver bar.
October 16, 2008
4:03 p.m.
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wyhammertime writes:
Kinda looks like Obamas running mate ya think???
October 16, 2008
4:08 p.m.
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Scott writes:
DaC sez, "...He's let down the Denver bar."
Which is at a pretty low level to begin with. I figured it would be a physical impossibility for anything to be lower than the Denver (Colorado?) Brothel, err Bar.
Scott
October 16, 2008
4:10 p.m.
Suggest removal
GunnyBob writes:
Bada-bing.
October 16, 2008
4:30 p.m.
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Mtn__Gator writes:
The funny thing about a strip joint, he spent $3K in two days, and I bet he still had himself in his hands at the end of it...
October 16, 2008
4:53 p.m.
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gs writes:
Come on Kay. that's only a couple sentances! You can do better! Please! Condemn western civlilization for your problem at least. This just is not enough.
October 16, 2008
6:10 p.m.
Suggest removal
Ahab337 writes:
It DOES look like Paulie from the Sopranos!
October 16, 2008
6:10 p.m.
Suggest removal
SteveC writes:
Looks more like a "Guido" than a judge.
October 16, 2008
6:29 p.m.
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catlady writes:
I wonder how much the fine tax payers will be paying this crooked judge when he gets his pension.
I hope Paulie Walnuts goes to the big house.
October 16, 2008
7:54 p.m.
Suggest removal
seeker writes:
wyhammertime writes:
"Kinda looks like Obamas running mate ya think???'
Not really....he's a Republican. Appointed by Bush 41. He'd be pallin' around with McCain and Palin.
http://74.125.45.104/search?q=cache:9...
October 16, 2008
8:50 p.m.
Suggest removal
happymike44 writes:
Well another lying scumbag is going to be unemployed.
Good Luck he will now get to visit the very place he has sent so many.
Talk about Karma and what goes around comes around.
October 16, 2008
8:54 p.m.
Suggest removal
The_Punnisher writes:
Couldn't happen to a nicer guy...
There IS another way to remove a judge, but Colorado hasn't been able to use that way for decades....
I'd take care of the pension problem too.
October 16, 2008
9:23 p.m.
Suggest removal
RBN writes:
Pauly Walnuts was a judge??? who knew? That Meadow Soprano sure had some nice jugs.
October 16, 2008
11:46 p.m.
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jbowen43 writes:
Another republican appointee goes down. Ho hum.
October 17, 2008
12:07 a.m.
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dwanders writes:
Clearly (from media reports) judge Nottingham felt he was above other people and deserved special treatment. He was a ruler that put himself above the scales of justice. He abused all that makes our system great. I'm happy when our system is finally done with people like him. I hope someday, Mr. Nottingham, you receive the injustices that your hubris bestowed. Let's replace him with a levelheaded judge.
October 17, 2008
3:09 a.m.
Suggest removal
jugdish writes:
Will someone tell Judge Nottingham to give Paulie Walnuts his wings back.
October 17, 2008
4:34 a.m.
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vudumom writes:
When I saw the story about the judge on the news my first thought was, oh boy Kay's gonna rant for days. I am very disappointed.
October 17, 2008
7:39 a.m.
Suggest removal
Salchak_Toka writes:
jbowen43: Ho hum indeed, as he's only going to be replaced by either another Rethug, or someone who will slavishly support the Rethug agenda . . . in other words, a Democrat.
October 17, 2008
7:57 a.m.
Suggest removal
becket writes:
This man is a disgrace. But don't worry about him, he can retire and receive his full salary for the rest of his life. ON YOUR DIME.
October 17, 2008
8:23 a.m.
Suggest removal
davies writes:
Number one, the comments about the guy's political affilations are dumb. This is about sex and lies, not political affiliation.
Number two, the comments about Nottingham going to prison are dumb. You don't go to prison for patronizing prostitutes. Jail maybe, if you're poor, but not the Big House.
Geez.
October 17, 2008
8:35 a.m.
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opinionatedcolo writes:
Kay, your case is mentioned in the story, you must be so proud.
October 17, 2008
8:54 a.m.
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Fitzy31 writes:
It looks like Paulie from The Sopranos is in town to turn Shotgun Willies into the Badda-Bing of The West!
October 17, 2008
8:55 a.m.
Suggest removal
Scott writes:
Upon further review, I realized that this d!ckwad for a judge is prime Congress or Senate material. He frequents titty bars, hires prostitutes... Yup, I see a Senate run in this jerks future.
Scott
p.s. to BiotchMAMA, I swung by the house last night. There was a large crowd and the display is outstanding :-)
October 17, 2008
9:27 a.m.
Suggest removal
B300 writes:
Biotchmama, You are right. this piece of crap wont spend any time in jail, just like all of the other people we have hired for government positions that have riped us off. Too bad this isn't the old days. People would have taken care of this by any means necessary. We need to put a stop to this abuse!!
October 17, 2008
9:57 a.m.
Suggest removal
SockRayBlue writes:
Like many of the Baby Boomers, the judge has reached the point in life that he sees no sense in living his life for others. I'm sure he'll find meaning in finding personal happiness. A new woman helps to keep one focused along those lines. Thank God for Cialis and Viagra.
October 17, 2008
10:10 a.m.
Suggest removal
Marshdale writes:
I could care less if he was getting a little on the side. He should not have lied about it. Prostitution should not be illegal. It's the fact that he lied that should bring him down, not the act itself.
October 17, 2008
10:15 a.m.
Suggest removal
Existentalism writes:
Seems like he is a pal of senator stevens when it comes to underhanded behavior.
Why was this man permitted to stay in office for so long when he obviously has no ethics or morals at all?
October 17, 2008
10:50 a.m.
Suggest removal
buffsblg writes:
No defense here for this guy. If he did this, he is not fit for the bench. Same position I have taken on the prosecutors who railroaded Tim Masters. Nottingham should have known better and if he was dumb enough to do what he was accused of, his judgment is not good enough to be on the bench. Ironically, most lawyers I have spoken to say that he was a pain to be in front of, but that he was a pretty fair judge. I know there are litigants who disagree.
I never said that attorneys or judges are perfect or above reproach, just that to attack them as a group for doing their job (especially when Ricky and Scott have proven they have no idea how that job is or should be done) is unfair and simplistic. But then fine intellectual distinctions are really wasted on posters like ricky or Scott.
October 17, 2008
10:59 a.m.
Suggest removal
denverone writes:
So the guy likes booze and naked women. Thank God there are still some of us left in this world.
Otherwise, who would defend the Democrats right to be gay and the Democrats right to bash the ones to defend their right to be gay.
October 17, 2008
11:20 a.m.
Suggest removal
davies writes:
SockRayBlue writes:
"Like many of the Baby Boomers, the judge has reached the point in life that he sees no sense in living his life for others. I'm sure he'll find meaning in finding personal happiness..."
Intended sardonically I assume, but pithy and true; best comment of the day.
October 17, 2008
11:38 a.m.
Suggest removal
buffsblg writes:
existentialism
Getting rid of a federal judge is very difficult. They are constitutional officers and cannot be "fired" only impeached for "high crimes and misdemeanors". If he does not choose to resign, the only way to get rid of him is impeachment in Congress. From what I can find, it has happened only about a dozen times in our history. a number of others have resigned rather than be impeached, which allows them to save their pension. One was impeached and then elected to Congress 8 times.
October 17, 2008
11:55 a.m.
Suggest removal
AC writes:
ezekiel777 writes: "he'll probably get hired on by the Obama organization... he fits right in....."
How so? He's a Republican.
Oh, you mean because he was having sex with a *woman,* which is the opposite of Republican sex scandals.
October 17, 2008
2:39 p.m.
Suggest removal
The_Punnisher writes:
Has someone issued a bench warrant for " failure to appear " yet? I'll bet Judge Naughty has done that THOUSANDS of times.....
OOPS, I guess I see another double standard here....
There seems to be a lot of that, lately.....
October 17, 2008
2:53 p.m.
Suggest removal
wyhammertime writes:
Still ill ?? I used that one in grade school to get out of a test .... Didn't work for me !!! He should have used booty bing instead
October 17, 2008
3:24 p.m.
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Vampyre writes:
Don't any of you know? Nottingham has ties to the mafia. It goes unbelievable to most that the " Feds " have allowed the mafia to put a man from their association on a distinguished job as a federal Judge. BUT....his rulings do show the lack of common sense.
October 17, 2008
5:10 p.m.
Suggest removal
whenpigsfly writes:
It amazes me how many of the "community leaders" in the city hang out at the Diamond, pay for the hookers to go out on dates with them during the middle of the week...."boys night out" is what their wives think.
They all stick together and cover for each other....the head of the local supermarket chain, dairy and several other city "hot shots" are out once a week, at least, with their little "dancers" from the Diamond. If they were exposed, nobody would think twice about Judge Nottingham. It's the "big boys" club and they feel entitled.
October 17, 2008
6:10 p.m.
Suggest removal
mebcaux writes:
Others on the federal bench are guilty of far worse, including the kidnapping, rape and murder of Lady Justice through abuse of their massive powers to favor powerful allies or sponsors, or those with whom their allies or sponsors do business, yet remain oddly immune to scrutiny or humiliation unless and until they engage in something as salacious, but relatively harmless as, Judge Nottingham's consorting with whores and strippers.
Though Judge Nottingham is too statist and pro-Big Business for my taste, is indisputably imperious and arbitrary, and lacks "judicial temperament", he is also quite brilliant, and a very fine trial judge. Still, he was foolhardy in the extreme, and should undoubtedly resign. He has exposed himself to the risk of blackmail, and brought the federal judiciary into disrepute.
He is not alone. Yet, because the hijacking of the federal judiciary by powerful interests serves the interests of those who run this State or country, the real scandal (the extent to which there is no "equal justice under the law" and we have the best system of justice money can buy) will never be exposed by the media they control.
October 17, 2008
6:38 p.m.
Suggest removal
cdmdenver writes:
LAYER UPON LAYER OF GOVERNMENT ABUSE & SCAMS
Joe Taxpayer has no clue! We get screwed by the Career
Politicians. We have Federal Judges who live without public
accountability, practice Mental Masturba... all day and
get paid for it! If Career Politicians or Judges
get caught, they resign with a full pension
(kinda like a mini golden parachute).
Now thats how to become a career criminal and get paid$
October 17, 2008
10:58 p.m.
Suggest removal
AKdan writes:
Maybe 'Nutting'-ham will do the cowardly thing & cap himself???
October 18, 2008
12:31 a.m.
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Freddy43 writes:
colorado chief u.s. district judge resigns in disgrace after highly improper conduct
http://cases.justia.com/us-court-of-a...
October 18, 2008
7:30 a.m.
Suggest removal
peteSmith writes:
Existentalism wrote: "Why was this man permitted to stay in office for so long when he obviously has no ethics or morals at all?"
Damn good question. One complaint and an accompanying salacious story forwarded to us and which we posted ( http://www.knowyourcourts.com/Notting... ) dates back to '92, shortly after he was appointed to the bench, and demonstrates this pattern of behavior has been known to the Tenth Circuit for nearly twenty years. But --as one reporter said to me-- the Tenth Circuit has been taking care of him like a crazy uncle in the attack. Imagine the scores or, perhaps, hundreds of confidential, never-to-be-released complaints that were filed, dismissed and locked away in the vaults of the Circuit Executive. This is the respect that our third branch of government has for your taxpayer dollars and Article III of our Constitution.
Now, maybe it's time to start asking (or demanding) whether the other judges (Blackburn, Daniel, et al.) have been holding themselves to a de minimus standard of conduct all these years, and whether we'll expect our new federal judges (Brimmer, et al.) to maintain a minimum standard of conduct.
Brimmer was sworn in during a secret ceremony last week by Nottingham. I wonder how long it will take for "gavilitis" to set in with him.