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Colorado Chief Federal Judge Resigns

By Jeralyn

As predicted last week, Colorado's Chief U.S. District Court Judge Edward Nottingham has tendered his resignation, effective October 29. The news is on the Tenth Circuit Court of Appeals' website.

In response to complaints of judicial misconduct lodged in August 2007, the Tenth Circuit Judicial Council initiated misconduct proceedings against Judge Edward Nottingham. As additional allegations developed and subsequent misconduct complaints were filed, the Judicial Council expanded the initial misconduct proceedings.

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The Judicial Council, through its appointed Special Committees, conducted a thorough and extensive investigation, interviewed many witnesses, considered voluminous documentation, and conducted two hearings. At this critical time in the investigation of these multiple complaints of misconduct, Judge Nottingham has stepped down, effective immediately, as Chief Judge of the District of Colorado, has ceased judicial duties, and has resigned his commission as a United States District Judge effective Wednesday October 29, 2008. The Council will have no further statement until Judge Nottingham's resignation is effective.

I found out when a local news station called to ask me to do an on camera interview for tonight's local news. I declined to go on camera, but did give them a statement they will probably include in their report tonight saying I was very disappointed to learn he was resigning. Judge Nottingham is a very bright and professional judge. Although he harsher than I would have preferred in sentencing defendants, he did give my clients a fair trial.

He required lawyers to know the law and to be prepared to argue it when they appeared before him. I always was -- and even though he and I often disagreed, sometimes heatedly, in our interpretations of the law and he never hesitated to rule against me, I also won sometimes. I believe that the experience made me a better lawyer.

According to the Denver Post, Judge Nottingham's representative (I assume his lawyer) issued a statement (available here) (pdf):

In an unsigned statement issued on Nottingham's behalf, the nearly 19-year federal judge apologized for his actions, which have never been formally detailed in an investigation by the 10th Circuit that remains secret.

"He is deeply remorseful for his actions. He is also embarrassed and ashamed for any loss of confidence caused by those actions and attendant publicity, and sincerely apologizes to the public and judiciary," the statement reads. "Judge Nottingham also believes that the resignation is necessary for him to begin taking the necessary steps to put this matter behind him."

Judge Nottingham has not been charged with a crime. He hasn't been convicted of a crime. And yet, he's resigned. I find that sad. I also find the character attacks on him that I have read elsewhere deplorable.

I still have pending cases before Judge Nottingham that have not yet been reassigned. I also suspect some of our other federal judges and a lot of local lawyers will see this post. TalkLeft will not host negative comments about Judge Nottingham or our Court, and therefore, no comments are being allowed on this post.

Full post as published by TalkLeft on October 21, 2008 (boomark / email).