JUDICIAL COUNCIL OF THE
TENTH CIRCUIT

IN RE: EDWARD W.
NOTTINGHAM

Judicial Misconduct Complaints
No. 2007-10-372-36
No. 2007-10-372-45
No. 10-08-90089
No. 10-08-90090

ORDER

In August 2007, following Denver media reports regarding activities by and
allegations against Chief District Judge Edward W. Nottingham of the District of
Colorado, 1 then Chief Circuit Judge Deanell Reece Tacha initiated misconduct
complaint No. 2007-10-372-36 against Judge Nottingham. This complaint alleged
that he spent more than $3,000 at a topless nightclub in one evening, that he could
not remember how he had spent that much money because he had a lot to drink,

The Judicial Council has determined that Judge Nottingham's name
should be disclosed in this order. See Rules for Judicial-Conduct and JudicialDisability Proceedings (Misconduct Rules) 24(a)(2). The Council has also
determined that this order should be issued without waiting for the expiration of
any appeal rights under Misconduct Rules 2l(b)(l)(A) and 22(c), but without
prejudice to those rights. See Misconduct Rule 2(b ).
The first two complaints addressed in this order were filed when the
former Rules Governing Complaints of Judicial Misconduct and
Circuit's
Tenth
Disability, approved by the Judicial Council in June 2003, were still in effect. On
March 11, 2008, the nationally mandated Rules for Judicial-Conduct and
Judicial-Disability Proceedings cited above superceded the previous rules.

 and that this conduct may have brought disrepute to the Judiciary and constituted
misconduct. Based on other allegations in the news media, the complaint also
alleged that Judge Nottingham may have violated court policy by viewing
sexually explicit images on his court computer. After receiving a response from
Judge Nottingham, Chief Judge Tacha referred the matter to a Special Committee
pursuant to 28 U.S.C. § 353(a).
On September 19, 2007, a complainant filed a misconduct complaint
against Judge Nottingham alleging that he had parked illegally in a handicapped
parking space and, in an ensuing conversation with her, had misused his authority
by identifying himself as a federal judge and threatening to call the U.S.
Marshals. Chief Judge Tacha also referred this complaint, No. 2007-10-372-45,
to the Special Committee.
During the Special Committee's investigation of these matters, which
included numerous interviews, review of credit card, telephone, and computer
usage records, and inspection of computer hard drives, the Special Committee
determined that Judge Nottingham may have made false statements in his initial
response to the allegations regarding computer use and in a transcribed interview.
The Special Committee expanded the scope of Complaint No. 2007-10-372-36 to
include these alleged false statements.
In March 2008, Chief Circuit Judge Robert H. Henry, who succeeded Judge
Tacha as chief circuit judge on January 1, 2008, and the Special Committee
2

 learned from news reports of allegations that Judge Nottingham had solicited
prostitutes. Following investigation into these allegations, informal proceedings
pursuant to Misconduct Rule 5, and two hearings, Chief Judge Henry initiated
misconduct complaint No. 10-08-90089 against Judge Nottingham on October 1,
2008, alleging that he had been a client of prostitution businesses in violation of
Colorado law, had misused his court-owned cell phone in making calls to
prostitutes, and had made false statements during the investigation. This matter
was also referred to a new Special Committee. 2 On October 8, 2008, the two
Special Committees submitted a joint report to the Judicial Council pursuant to
28 U.S.C. § 353(c).
On October 10, 2008, another misconduct complaint was filed against
Judge Nottingham. The complainant alleged that she had been a prostitute and
that Judge Nottingham had been one of her clients. She further alleged that on
February 29, 2008, Judge Nottingham asked her to lie to federal investigators
about the nature of their relationship and not to disclose that she was a prostitute
whom he paid in exchange for sex.
Under 28 U.S.C. § 354, the Judicial Council has a variety of actions

2

Because of the change in misconduct rules and chief judges, Chief
Judge Henry replaced former Chief Judge Tacha on the second Special
Committee, though Judge Tacha remained a member of the first Special
Committee. The other members of the two committees remained the same. See
Misconduct Rule 12(a).
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 available to it on receipt of a special committee's report identifying judicial
misconduct. These actions include dismissing the complaint on several bases;
concluding the proceeding because of corrective action or intervening events;
issuing public or private reprimands of the subject judge; ordering that no cases
be assigned to the subject judge on a temporary basis; requesting the judge to
voluntarily retire; and referring the matter to the Judicial Conference of the
United States for determination of whether the matter warrants referral to the U.S.
House of Representatives for impeachment. See id.; Misconduct Rule 20(b ); see
also 28 U.S.C. § 3 55. The Judicial Council cannot order the removal of an

Article III judge. § 354(a)(3)(A).
Judge Nottingham resigned his commission from office as a United States
district judge effective October 29, 2008. The Judicial Council finds that the
resignation is in the interest of justice and the Judiciary.
The misconduct procedures apply only to federal judges. See id.
§ 3 51 ( d)(l ); Misconduct Rule 4. Under the applicable federal law and
misconduct rules, the Judicial Council has determined that these complaints
should be concluded because intervening events, i.e., Judge Nottingham's
resignation, have made further proceedings unnecessary. See Misconduct Rule
20(b)(l)(B).

4

 The complaints are dismissed as moot. See 28 U.S.C. § 354(a)(l)(B). The
Judicial Council will not exercise its discretion under Misconduct Rule 16(a).
So ordered this 30th day of October, 2008.

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By:

onorable Robert H. Henry
Chief Circuit Judge
On Behalf of The Judicial C Of the Tenth Circuit

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