There are different ways we learn about judges who misbehave. In some cases, we learn about the misconduct after all of the proceeding are complete, and a public reprimand is issued. In other cases, we learn about the misconduct but not the judge who committed the misconduct, following a private reprimand. Such was the case with Judge Ross, although we figured out her identity pretty quickly. And then there are the cases where we learn about the misconduct before the proceedings were completed, or even began. Such is the case with Judge Ryan Nelson of the Ninth Circuit.
Eugene blogged about the incident last night. Bloomberg Law had additional coverage. (As an aside, Bloomberg Law has some of the most thorough coverage of the lower courts today; they consistently outperform other outlets.)
Here, I’ll offer a few preliminary thoughts.
First, while I have never met Judge Ross, I do know Judge Nelson. All of my interactions with him over the years have been very cordial. The person I saw in that video was not the person I have come to know and like. As a general rule, we should not be judged at our worst moment, though in life and law, sometimes we are.
Second, I was able to figure out where the incident happened. The surveillance footage was labeled “Front Parking F Street.” And the State Journal article referenced the location was on Memorial Drive. Google Maps quickly allowed me to find the intersection in Idaho Falls, Idaho. That parking lot belongs to a Home & Hospice Center. You can see the same blue column that appears in the video.
Third, this location may be relevant. One can imagine that attending to a loved one in hospice may be an emotional experience that could have put Judge Nelson, and the other person, in difficult emotional stages. Also, rushing to a hospice center may explain the judge’s failure to pull into a single spot, though the lot was wide open.
Fourth, both Judge Nelson and the other person behaved poorly. Again, the lot had many empty spots. Why did the guy in the white truck pull up right next to Judge Nelson’s car? And it wasn’t necessary to say anything about the parking job. But then Judge Nelson lost his temper and behaved in an awful fashion. The situation escalated so quickly, it might seem there was history between these two men.
Fifth, Judge Nelson, like all criminal defendants, is entitled to the presumption of innocence. Yet, his attorney does not seem to dispute the underlying conduct–how could he, it is on camera. Here, unlike Judge Ross, Judge Nelson seems to have been truthful during the investigation.
The ethical issues here are complex. I have asked Professor Arthur Hellman to share a guest post on this matter, which I will post after mine.
This video just seems relevant.
