Nottingham resigns, says it is in 'public interest'

DENVER - Chief Federal Judge Edward Nottingham of Colorado resigned from his post on Tuesday saying it was in the "best interest of all concerned" days after a former prostitute told 9Wants to Know he asked her to lie to federal investigators.

A statement on behalf of Nottingham on KnowYourCOURTS.com said: "In a letter to President Bush today, Judge Nottingham has resigned his commission as a United States District Judge for the District of Colorado. He has done so because it is in the best interest of all concerned. It is in the public interest and the interest of the federal judiciary because it will terminate his judgeship and begin to restore public confidence in an institution which he profoundly respects. 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 apologies to the public and the judiciary."

"Judge Nottingham also believes that the resignation is necessary for him to begin taking the necessary steps to put this matter behind him. Therefore, beyond this statement, neither he nor any of his representatives will have further public comment."

A statement from the 10th Circuit Judicial Council says Nottingham resigned because of its investigation of "multiple complaints of misconduct."

The statement issued by Chief Circuit Judge Robert H. Henry on the 10th Circuit's Web site said: "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."

After learning of the resignation, the former prostitute told 9Wants to Know's Investigative Reporter Deborah Sherman: "I'm sad that it had to happen but I think it needed to happen."

Sen. Ken Salazar (D-Colorado) called for Nottingham to step down last week after new allegations surfaced against Colorado's chief judge.

Tuesday he released a statement after Nottingham resigned: "On the bench, Chief Judge Edward Nottingham was one of the most skillful lawyers and jurists I have known. I am saddened by the allegations and it is right that he resign. He has done what is in the best interest of the United States District Court for Colorado. I will work with my new colleague in the United States Senate and the White House to fill the vacancies on the District Court so that we can look to the future of a fully functioning judiciary without any distractions."

Sen. Wayne Allard (R-Colorado) released to following statement Wednesday morning.

"Judge Nottingham was known throughout Colorado as a fine jurist with the respect of his peers and I am disappointed to learn of the details of this situation," said Allard. "Our federal courts already face a backlog of cases and Judge Nottingham's resignation now increases that strain. I am hopeful that early next year the new Administration, Senator Salazar and the future Senator for Colorado will work expeditiously to fill both seats."

A former prostitute says she had sex with Nottingham for $250 to $300 an hour once a week from February 2003 through November 2004 at the former escort agency Bada Bing of Denver. She says he asked her to lie to investigators in March.

9Wants to Know spoke exclusively with the former prostitute, who says Nottingham helped her fabricate a story about how they knew each other so she would not tell investigators that he paid her for sex.

The former prostitute filed the allegations with the 10th Circuit Court of Appeals on Oct. 10.

9NEWS legal analyst Scott Robinson says Nottingham could face charges of obstruction of justice from the Department of Justice. The FBI has contacted the former prostitute and is looking into the allegations.

This latest investigation into possible misconduct by Judge Nottingham is the fourth in the past year and a half.

He has previously been investigated for allegedly appearing on a list of clients from another prostitution business, Denver Players, spending thousands of dollars at a strip club, and for threatening and intimidating a wheelchair-bound woman after he illegally parked in a handicapped parking spot.

Monday, 9Wants to Know reported that Nottingham had called out sick for this week.

His cases will now be distributed to other judges in the district.

A statement on the Colorado District Court Web site says Judge Wiley Y. Daniel will succeed Nottingham as chief judge. Judge Daniel was appointed to the court by President Clinton in 1995.

The statement said, "Throughout his judicial career, Judge Nottingham worked tirelessly to ensure that his courtroom and case management practices were premised on the law and applied fairly to all who appeared before him."

Nottingham is 60 years old and earned $169,300 a year. Because he left the bench before the age of 65, he gets zero salary and zero pension, according to the U.S. Administrative Office of the U.S. Courts. If judges retire on or after their 65th birthday, the judges receive a very health pension and their annual salary every year for the rest of their life.

Colorado U.S. Attorney Troy Eid also released a statement on Tuesday: "I wish Judge Nottingham well and look forward to working with Chief Judge Daniel."

Nottingham was appointed to the federal bench in 1989 by President George H. W. Bush. It was a lifetime appointment. He became the chief judge in 2007 and has presided over high profile cases such as the insider trading trial of former Qwest CEO Joe Nacchio. That case is being reviewed because Nottingham did not allow an expert witness for the defense to testify.

When Judge Nottingham presided over the Nacchio trial, he lectured the former CEO about morality.

"If it is perceived that there is one law for the rich and one law for everyone else, the law ultimately falls into disrespect," said Judge Nottingham to Nacchio. "The law does not care about your station in life."

In June 2006, Nottingham wrote in an order in the Neely v. McGarry case, "I do not subscribe to the popular adage that rules are made to be broken."

If you have any tips, please email Deborah.Sherman@9NEWS.com