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April 2008
Impeach Judge Nottingham
By John Andrews
04-05-08 --
"During good behavior" is the constitutional standard for a
federal judge to continue serving. Sen. Ken Salazar (D-CO) has
wondered publicly whether Judge Edward Nottingham of the
US District Court in Denver measures up. It certainly appears
he does not, and I hope the senator takes action. . . . We think
of the federal judiciary as serving for life, only because a
mere 13 judges have ever been impeached, and only seven of those
have actually been convicted and removed from office. But
the congressional power of removal is right there in Article II,
Section 4, of the Constitution. . . . The allegations against
Nottingham, a George H.W. Bush appointee and former law-firm
associate of Salazar's, were characterized by the senator in a
Denver Post story on Mar. 28 as suggesting the judge
has failed to "serve in an exemplary manner, both on and off the
court." He is accused of drunken carousing at strip clubs,
surfing porn sites in his chambers, patronizing an escort
service, and behaving abusively toward a wheelchair-bound woman
in a parking dispute. . . . The case highlights a definitional
gap between the Article II language about "impeachment for...
treason, bribery, or other high crimes and misdemeanors," and
the Article III clause about good behavior. While being a
sleaze, a lush, and a boor may not be a firing offense in some
jobs, let alone a crime or misdemeanor, it surely violates the
behavior expected of federal judges, as Salazar's words
indicate. "Bringing disrepute on the federal judiciary and
betraying the public's trust" were two of the three offenses for
which Judge Harry Claiborne of Nevada was impeached and
convicted in 1986, according to the
Justice at Stake campaign website. Sounds like Judge
Nottingham to me.
Judge on the hot seat
Public should learn if Nottingham
is punished
Rocky Mountain News
04-02-08 --
It's too early to say whether U.S. District Judge Edward
Nottingham's, er, indiscretions might eventually lead to his
impeachment. . . . We're not sure they should, but we understand
why Colorado Sen. Ken Salazar, the state's former attorney
general, is concerned enough to publicly express his disapproval
of the judge's conduct. . . . Among the unsavory information
that's recently emerged, 9News reported in March that the
judge's name and cell-phone number were on a client list seized
during the raid of a Denver prostitution ring. And last year we
learned that Nottingham had spent $3,000 over two days at the
Diamond Cabaret strip club and claimed to be too drunk to recall
what happened while he was there. . . . Soon after the
prostitution allegations aired, the Rocky's Sara Burnett
reported that the 10th U.S. Circuit Court of Appeals is moving
forward with a formal complaint that Nottingham "has brought
disrespect to the judiciary." . . . Nottingham may not face
impeachment, of course. But some formal sanction could be
imminent. The vast majority of the hundreds of complaints filed
against federal judges each year are dismissed after an initial
review - and this one wasn't - suggesting Nottingham may be in
trouble.
Nottingham is being viewed from both sides
Felisa Cardona, The Denver Post
04-01-08 --
Since Chief U.S. District Judge Edward W. Nottingham Jr. slammed
his gavel down at former Qwest chief executive Joe Nacchio in
July and lectured him on morality, the focus has turned to the
judge's own behavior on and off the bench. . . . The
thrice-divorced judge and father of three is an active skier and
cyclist with a penchant for impeccable suits and cufflinks. In
his courtroom, the 60-year-old Nottingham dons a bright-blue robe — rather than the traditional black — and
doesn't have patience for frivolous cases or delays. . . .
Regarded as a dedicated workhorse who pays keen attention to
detail, Nottingham is also the subject of regular criticism — typically whispered — from
lawyers who have been subjected to the judge's bursts of temper
or cutting remarks from the bench. . . . "He's just a really
imperious fellow," said Richard Kalamaya, a law school classmate
of Nottingham's who is now practicing in
Longmont. "He's a real holier- than-thou type of guy." . . .
Recent revelations that the judge spent $3,000 on strippers in
one night and got into an argument with a woman in a wheelchair
because she says he illegally parked in a handicapped spot have
some people inside and outside the federal courthouse wondering
whether the judge has good judgment. . . . A 9News report
alleged that Nottingham's name was among those listed as clients
of a local escort service. The business, Denver Sugar/Denver
Players, is under investigation by the Internal Revenue Service
and is described in court documents as a suspected prostitution
ring. Nottingham and his attorney have declined to comment
March 2008
Salazar: No judge should be above the law
written
by: Deborah Sherman , Investigative Reporter , posted by:
Colleen Locke , Producer
03-28-08 --
KUSA - U.S. Senator Ken Salazar (D-Colorado) says he's troubled
about allegations against U.S. District Chief Judge Edward
Nottingham and will consider impeachment proceedings against
him. . . . Salazar was reacting to stories uncovered by 9Wants
To Know about Judge Nottingham. . . . "We saw what happened in
New York with former Attorney General and former then-Gov. Eliot
Spitzer," said Salazar. "It seems to me that a judge has to be
an example both on the bench and off the bench." . . . In March,
9Wants to Know reported the 10th Circuit Court of Appeals has
been investigating Judge Nottingham over allegations his name
and personal cell phone number appear on a list of clients for a
high-priced escort service. The business, Denver Players, is
also known as Denver Sugar. It is under investigation by the
Internal Revenue Service. Investigators shut it down in January.
Former FBI Agent Investigates 'Naughty' Judge
Randy Judge Is Under
Investigation for Alleged Judicial Misconduct
By
Vic Walter
 03-19-08
--
A former FBI agent has
been hired to investigate Colorado's top federal judge who was
recently linked to an investigation into a Denver-based
prostitution ring. . . . Former FBI agent David Brundage is
working for the 10th Circuit Court of Appeals in its
investigation of Judge Edward Nottingham for alleged judicial
misconduct in two cases, ABC News has learned. . . . The news
comes on the heels of a federal investigation into a
prostitution ring called the Denver Sugar/Denver Players, in
which Nottingham has been identified as a customer. According to
a Denver television station, KUSA, Nottingham's nickname among the prostitutes was "Naughty." . . . Last year,
following divorce proceedings, the judge's ex-wife reportedly
told the FBI that he spent thousands of dollars at a local strip
club and subscribed to an Internet dating site that contained
pornography while using his federal computer. . . . Chief Judge
Robert Henry acknowledged last week he was "taking under
advisement" a judicial misconduct complaint about a federal
judge, identified as
Nottingham.
Another One: Top Federal Judge Linked to Prostitution
Ring
Officials: Edward Nottingham Was
'Implicated as a Customer' in an Investigation of the Denver
Sugar/Denver Players
By
Vic Walter
03-14-08 -- One of the
country's top federal judges has been linked to an investigation
of a Denver-based prostitution ring, according to federal
officials. . . . Edward Nottingham, the chief federal judge in
Denver, Colo., was "implicated as a customer" in an ongoing IRS
and Denver police investigation of an alleged prostitution
operation called Denver Sugar/Denver Players, according to
officials. . . . The service advertised on the Internet as
having "gorgeous adult Colorado companions." . . . According to
a Denver television station, KUSA, Judge Nottingham's nickname
among the prostitutes was "Naughty." . . . Several "professional
athletes," lawyers and businessmen are also involved, officials
said. . . . Unlike the prostitution investigation in New York
that led to this week's resignation of New York Gov. Eliot
Spitzer, the Denver case has received little attention outside
Colorado. . . . The 10th Federal Circuit Court is conducting its
own investigation of the allegations against Judge Nottingham,
according to a spokesman for Sen. Ken Salazar, D-Colo., a member
of the Senate's Select Committee on Ethics.
Unlike the prostitution
investigation in New York that led to this week's resignation of
New York Gov. Eliot Spitzer, the Denver case has received little
attention outside Colorado. . . . Judge Nottingham has remained
on the bench since being publicly linked to the investigation
last week.
Complaint vs. judge sustained
Whether Nottingham tarred office
is taken under advisement
By
Sara Burnett
03-14-08 -- U.S. District
Judge Edward Nottingham, recently linked to a high-priced escort
service in Denver, is the focus of a broadening investigation
into allegations he "has brought disrepute to the judiciary,"
the Rocky Mountain News has learned. . . . In an order made
public Thursday, Robert Henry, chief judge of the 10th Circuit,
said he is taking under advisement a complaint about a judge's
conduct. The order doesn't name the judge, but the person who
filed the complaint confirmed that it was Nottingham.
. . . Sean Harrington, who runs a legal technology firm and who
represented himself in two cases before
Nottingham,
provided the Rocky with a copy of his complaint. . . .
Harrington alleged that
Nottingham ignored the law when he ruled against him and
undermined "the dignity of the court" with his personal conduct.
. . . Henry quoted from the complaint in his order, in which he
dismissed the first charge. . . . But Henry's decision to move
forward with allegations about Nottingham's
conduct is significant because complaints against judges
typically are dismissed after a preliminary review.
Misconduct complaint against federal judge under review
By
Felisa Cardona, The Denver Post
03-14-08 -- The chief
judge of the 10th U.S. Circuit Court of Appeals is reviewing a
complaint of misconduct made against U.S. District Chief Judge
Edward W. Nottingham. . . . Court records show Robert H. Henry,
chief judge of the appellate court, partially dismissed a
complaint filed by former
Colorado
resident Sean Harrington but did not dismiss Harrington's
complaint about Nottingham's
personal behavior. . . . "Complainant contends that certain
conduct by the respondent judge, as reported by the news media,
'has brought disrepute to the judiciary,' " Henry wrote in his
order. "As to this claim only, I will take this complaint under
advisement." . . . Harrington's complaint mirrors allegations
made public in August by
Nottingham's ex-wife,
Marcie Jaeger.
The original judicial misconduct
complaint:
In re: Edward W. Nottingham
Chief federal judge investigated for alleged involvement with
prostitutes
posted
by: Jeffrey Wolf , Web Producer / written by: Deborah Sherman ,
Investigative Reporter / and Nicole Vap , Executive Producer
Investigative
03-12-08 -- 9Wants to Know has learned the U.S.
Court of Appeals for the 10th Circuit is investigating Chief U.S.
District Judge Edward Nottingham for the third time in the past
year. . . . He is being investigated for improper judicial conduct
after his full name and personal cell phone number appeared on a
list of clients from a Denver prostitution business. . . . The
business called Denver Players or Denver Sugar was shut down in
January after IRS and Denver Police investigators served search warrants at the brothel
on Fillmore Street. . . .
Nottingham ascended to chief judge in 2007 and presided over the
insider trading trial of Qwest
CEO Joe Nacchio. . . . 9NEWS
legal analyst Scott Robinson says Judge Nottingham faces serious
repercussions if these latest allegations about him are proven true.
. . . "Judge Nottingham faces the possibility of impeachment and
that is for high crimes or misdemeanors under the constitution,"
said Robinson. . . . A nearly two-year joint investigation into the
prostitution service by the IRS and the Denver Police led to the execution of a search warrant at the
home of Denver Players owner Brenda Stewart of
Denver on Jan. 25. Stewart has not
been arrested or charged for any crime involved in the case.
Other News & Views
Re: Nottingham
For judge, a vote of no confidence
Editorial 'by The Denver Post
03-19-08 --
Judges make mistakes. So
it wasn't earth-shattering to learn that the 10th U.S. Court of
Appeals found a federal judge erred in the complicated insider
trading trial of Joe Nacchio by a decision to exclude certain
testimony. . . . What's surprising, however, is the panel's
ruling that the case against the former Qwest CEO must be retried by another judge. It doesn't happen often and we think
it bespeaks a disturbing lack of confidence in U.S. District
Judge Edward Nottingham, who presided over the Nacchio trial. .
. . In recent months,
Nottingham has been the subject of several embarrassing disclosures, including
allegations he surfed adult dating websites in his chambers,
dropped thousands at a topless club and got into a skirmish with
a disabled woman after parking illegally in a handicapped spot.
. . . No one is suggesting those allegations played any part in
the decision to overturn the Nacchio conviction. But the
allegations are, in our mind, examples of arrogance and poor
judgment. And the judge's behavior in the Nacchio trial shows
the same underlying shortcomings. . . .
Nottingham wrongly, according to
the appellate court, excluded an expert witness the defense
wanted to present. He didn't even let the defense make arguments
on the matter when it came up during the trial. . . . His
demeanor during the trial and sentencing was full of cutting
comments and, at sentencing, he included a lecture on morality
and greed.
Former Qwest CEO's conviction overturned
Nottingham barred testimony by a
key defense witness; Nacchio to be tried before a new judge.
by
Dan Whitcomb, Reuters
03-17-08 --
A U.S. appeals court on Monday
threw out the insider trading conviction of former Qwest
Communications International Inc (Q.N:
Quote,
Profile,
Research) Chief Executive Joseph Nacchio, ordering a
new trial in front of a different judge on the grounds that an
expert witness for the defense was improperly barred from
testifying. . . . Nacchio was hand-selected by Qwest founder
Philip Anschutz to lead Qwest in 1997 and quickly built the
start-up into one of the largest telecommunications companies in
the United States before an accounting scandal nearly drove it
into bankruptcy. He resigned in 2002. . . . In October 2007, his
attorneys appealed, saying the conviction should be overturned
on several grounds, including a decision by Nottingham to bar testimony by a key defense witness. . .. On Monday, the 10th
U.S. Circuit Court of Appeals voted 2-1 to overturn Nacchio's
conviction, agreeing that the defense expert should have been
allowed to testify. The court ordered that he be retried before
a new judge.
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