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If true, all kinds of legal codes were shattered

By Scott Robinson, Rocky Mountain News (Contact)

Published October 17, 2008 at 12:05 a.m.

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Judge Edward Nottingham has been naughty. Again.

First the subject of embarrassing news coverage in 2007, when reports of his having spent $3,000 at a strip club made the media rounds, Nottingham's latest misadventure - he is alleged to have conspired with a prostitute of his acquaintance to lie to investigators about their long-term paid liaisons - will apparently cost him his job. Finally.

In March of this year, Chief Judge Robert Henry of the 10th Circuit Court of Appeals, the court which essentially oversees Judge Nottingham's judicial performance through appeals, revealed that he was reviewing allegations that an unnamed district court judge had brought "disrepute" on the judicial branch of government.

That Judge Nottingham was the judge being investigated was anything but a secret.

Now, according to an account broadcast by 9News Thursday, a former prostitute who claimed that Nottingham was a regular client of hers was invited to Nottingham's home, where he asked her to temporarily strip naked so he could check her body for surveillance devices.

Then the two of them, clad only in towels, worked out a story to explain how they were acquainted, leaving out the inconvenient truth that the judge had been paying her for sex. The woman involved reported all this in writing to the Court of Appeals, according to 9News.

Bad enough, generally speaking, that a federal judge would frequent adult nightclubs, and consort with prostitutes. That alone is shameful and quite troublesome, as it would make the judge vulnerable to blackmail, and important decisions made by a judge who can be blackmailed are inherently suspect.

And frolicking with prostitutes clearly violates the Code of Conduct for United States Judges, which requires federal judges, who are the "subject of constant public scrutiny" to observe a "high standard of conduct" even in their personal lives, in order to protect the integrity of the judiciary.

But cooking up a false story to provide to investigators probing allegations of misconduct, if true, is malfeasance at a much higher level, amounting to the obstruction of justice, a definite no-no for anyone, and grounds for impeachment if committed by a federal jurist.

Will this latest disgraceful allegation lead to new trials for disappointed litigants whose cases had been heard by Judge Nottingham? Probably not, but you can bet that many in that situation are calling their lawyers to ask right now.

Perhaps most notably Joe Nacchio, whose case is waiting resolution by the 10th Circuit after lively oral re-argument just three weeks ago in front of an obviously divided court.

Appeals judges are supposed to rule on the dry legal issues alone, and, by and large, that is what they do. But it is human nature to mistrust decisions made by someone whose actions call their judgment into question, and this latest debacle will surely give those 10th Circuit judges advocating reversal of Nacchio's conviction fodder to work with.

As for Nottingham himself? His resignation has not been officially announced, but three sources confirmed to the Rocky that it's in the works. His stepping down from the bench can hardly be considered to be a truly voluntary decision, so likely it is that he will be stripped of his judgeship if he insists on fighting to retain office.

A permanent disrobing, this time.

Scott Robinson is a Denver trial lawyer specializing in personal injury and criminal defense.

Comments

  • October 17, 2008

    1:39 p.m.

    Suggest removal

    peteSmith writes:

    "If true, all kinds of legal codes were shattered"

    Ya think?

    http://www.knowyourcourts.com/News/ne...

  • October 17, 2008

    1:46 p.m.

    Suggest removal

    jbowen43 writes:

    Another failed republican appointee. Please no more republican judges. Please.

  • October 17, 2008

    3:31 p.m.

    Suggest removal

    Freddy43 writes:

    chief judge quits in disgrace - deja vu

    http://cases.justia.com/us-court-of-a...

  • October 18, 2008

    6:30 a.m.

    Suggest removal

    Bouldergeist writes:

    But as we all know, the Judge will not be prosecuted for what would, for the rest of us, certainly result in an extended vacation in the Greybar Hotel. Let us remember what "Judge Naughty" said to Joe Nacchio during his sentencing:

    "This republic is planted thick with laws, from coast to coast. Not every one of us agrees with every one of those laws. There are people who disagree strongly, who think they can disobey the law whenever it suits their purpose. There are people who disregard the laws. …

    The law in a republic such as this is in danger and cannot stand if a large portion or a significant portion of the citizens of that republic come to believe that it is not evenly enforced. That is what is meant by equal justice under the law. It is not that you get the same sentence as everyone else, of course. It is that you are treated equally.

    If it is perceived that there is one law for the rich and one law for everybody else, the law will ultimately fall into disrespect."

    Al Lewis, Nacchio: A Man For All Seasons, Denver Post, Jul. 27, 2007 (transcript of Judge Nottingham’s lecture on morality to former Qwest CEO Joseph Nacchio at sentencing).