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It's no nonsense in his courtroom

Nottingham built reputation as tough but fair

By John C. Ensslin, Rocky Mountain News (Contact)

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

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In a courtroom sketch, U.S. District Judge Edward Nottingham speaks with defense attorney Herbert Stern during the trial of Joseph Nacchio, former Qwest CEO.

Photo by Pat Lopez Via Bloomberg News / 2007

In a courtroom sketch, U.S. District Judge Edward Nottingham speaks with defense attorney Herbert Stern during the trial of Joseph Nacchio, former Qwest CEO.

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Judge Edward Nottingham gained a reputation as a stern judge who ran a no-nonsense courtroom during his 19 years in U.S. District Court in Denver.

It didn't matter whether the defendant was pop music star Michael Jackson or former Qwest CEO Joe Nacchio. Their lawyers were wise to come to the courtroom prepared - and to avoid any hijinks or unnecessary delays.

This gained the 60-year-old jurist the nickname of "The Anti- Ito" with some, a reference to Judge Lance Ito, whose loss of control in his California courtroom during the O.J. Simpson trial became the fodder for late- night talk show jokes.

But it also earned him the title "The Sheriff of Nottingham" with those who found themselves dreading his wrath during 6:30 a.m. hearings that he scheduled for lawyers who had irked him.

Those lawyers will be able to sleep a bit later now.

Nottingham is expected to step down after a tumultuous 14 months, during which he has been accused of spending $3,000 at a strip club, was linked to a high-priced escort service and became the subject of a judicial conduct complaint.

Some in the legal community said they will be sad to see him go.

"It's very, very sad," said Harvey Steinberg, who said he represented clients in hundreds of cases before Nottingham. "It's very difficult to lose such an intelligent, well-reasoned, hard-working judge.

"He always struggled to make sure that he was fair," Steinberg said. "You knew that if you came into his courtroom that you'd have a fair shot. He had no pre-disposition toward the government or the defense."

Some lawyers, however, probably won't miss having to appear before Nottingham, said Andrew Cohen, a legal analyst for CBS News who remembers hearing his colleagues commiserate about their experiences.

"It's a personal tragedy for him," Cohen said. "But I'm sure there are a lot of lawyers who are not all that upset that he'll be gone from the bench."

President George H.W. Bush nominated Nottingham to the federal bench in 1989 to fill a judgeship that had been vacant for five years. He had the endorsement of both of Colorado's U.S. senators, Republican Bill Armstrong and Democrat Tim Wirth.

Nottingham grew up on a ranch in Eagle County and graduated from Grand Junction High School. He graduated from Cornell University and obtained his law degree from the University of Colorado.

He served as an assistant U.S. Attorney in Colorado before joining the Denver law firm of Sherman & Howard. Later, he returned to Grand Junction where he practiced law until being tapped for the federal bench.

Judge Edward Nottingham

* Age: 60

* From: Family ranched on Eagle County land that is now part of Beaver Creek resort before they moved to Grand Junction, where Nottingham graduated from high school.

* Education: Cornell University, 1969; University of Colorado School of Law, 1972.

* Legal career:

1972-73, Law clerk, U.S. District Court for the District of Colorado.

1973-76, 1978-87 Private practice, Denver

1976-78 Assistant U.S. attorney, District of Colorado.

1987-89 Private practice, Grand Junction.

1989 Nominated for federal judgeship by President George H.W. Bush in October; confirmed by U.S. Senate and commissioned in November.

Comments

  • October 17, 2008

    10:30 a.m.

    Suggest removal

    peteSmith writes:

    Fair? Puhleeze. Once you get beyond the facade of his performances before the media in cases like the recent Nacchio trial or where Michael Jackson was a defendant, you'll discover that his reputation certainly wasn't "fair." Just read some of the complaints and the more comprehensive Westword articles going back nearly twenty years at http://www.knowyourcourts.com/Notting...

  • October 18, 2008

    7:50 a.m.

    Suggest removal

    Bouldergeist writes:

    Our Constitution guarantees that every citizen is entitled to bring their valid grievances before our nation’s tribunals, and they are entitled to due process of law and equal protection of the law. Unfortunately, there are people among us who believe they can disobey the law whenever it suits their purpose. These people are called federal judges. And if the problem with our courts can be distilled to a single sentence, the Maine Supreme Court has managed it:

    "Lawless judicial conduct -- the administration, in disregard of the law, of a personal brand of justice in which the judge becomes a law unto himself -- is as threatening to the concept of government under law as is the loss of judicial independence."

    In re Ross, 428 A.2d 858, 861 (Me. 1981).

    As Magistrate Judge Kristen Mix reportedly confessed:

    "The biggest problem with your case is that Judge Nottingham hates employment cases and there's nothing you can do about it. It's random. Now don't get me wrong, he's a fine judge, but he just hates employment cases. That's why he will try to find any way in the summary judgment briefs to say there's no material issues and grant summary judgment, and if he doesn't, he will make it tough at trial, and you won't win . . . I'm going to look you right in the eye and tell you that you're gonna lose."

    Pl.’s Mot. For Recusal of Judge Nottingham Pursuant to 28 U.S.C. §144 and §455(a) and (b)(1) [Dkt. #59], Phillips v. Pepsi Bottling Group, No. 05-cv-01322-EWN-KLM (filed Nov. 1, 2007) at 2.

    Tough but fair?!? Pass the Kool-Aid, Mr. Ensslin!