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When a Judge Can’t Stay in His Lane: The Parking Spot Blowup That Crossed Several Lines

Vaidehi Mehta, Esq.

Article by: Vaidehi Mehta, Esq.

Attorney Writer

Reviewed by Joseph Fawbush, Esq. | Last updated on

When you see a car straddling two spots, it could be a sign that the driver is just bad at parking. But have you ever seen someone take up three spots? That, folks, is a good sign the driver is entitled. 

In Idaho, a federal appellate judge who lost it after being called out for his careless parking got his comeuppance. Specifically, criminal charges, a federal misconduct complaint, and a court-ordered inquiry — all stemming from one very bad afternoon.

Meet the Hothead Judge

Ryan Douglas Nelson, a judge on the U.S. Court of Appeals for the Ninth Circuit, was charged in April with misdemeanor battery and malicious injury to property after an altercation in an Idaho Falls parking lot. The charges flew under the radar until early June, when a local newspaper broke the story. Since then, a judicial watchdog group has filed a formal misconduct complaint, and the Ninth Circuit has opened its own inquiry.

Nelson, 52, was born and raised in Idaho Falls. He’s held positions in all three branches of the federal government: Deputy Assistant Attorney General at DOJ, Deputy General Counsel at the White House Office of Management and Budget, and Special Counsel for Supreme Court nominations to the Senate Judiciary Committee. 

After nearly a decade as General Counsel at an Idaho corporation, President Trump nominated Nelson to the Ninth Circuit in 2018. He became the youngest circuit judge from Idaho and maintains chambers in his hometown.

The Incident

The altercation happened on the afternoon of April 2 in a parking lot on Memorial Drive in Idaho Falls. Nelson's truck was parked at an angle, straddling three spots. As Nelson was returning to his pickup from a nearby store, the alleged victim — who had just pulled into an adjacent space — spoke up.

"I say 'learn how to park,'" the alleged victim told the Idaho State Journal. "I said it twice. That's when he went crazy."

Security camera video shows Nelson confronting the man before reaching his truck. Within roughly 12 seconds, he grabbed the man's glasses and threw them approximately 50 feet across the lot. When the man walked over to retrieve them, Nelson ran past him and stomped on them. Nelson also attempted to grab the man's phone and, according to the complaint filed with the Ninth Circuit, called the man an "asshole" five times in under a minute.

When police spoke to Nelson, he admitted to knocking the glasses off the man's head and stomping on them, but said he did not otherwise touch him. The alleged victim reported the incident the following day.

The Criminal Charges

A few weeks later, a local prosecutor charged Nelson with battery and malicious injury to property, both misdemeanors.

Last month, Nelson pled not guilty. A pretrial conference is scheduled for June 18. 

Nelson’s attorney has said: "Mr. Nelson maintains a presumption of innocence. He will work through the judicial system to resolve these personal charges which allegedly resulted in a pair of broken sunglasses and are unrelated to his professional position."

If convicted of both counts, Nelson faces up to 18 months in county jail and a fine of up to $2,000.

But that’s not where the consequences for the judge stop. Turns out, civilians were paying attention, too.

The Misconduct Complaint

Fix the Court describes itself as "a nonpartisan organization that advocates for greater openness and accountability in the federal courts." On June 6, its executive director, Gabe Roth, filed a formal complaint against Nelson with the Judicial Council of the Ninth Circuit, under the Judicial Conduct and Disability Act. 

Roth argues the conduct violates Canon 1 of the Code of Conduct for U.S. Judges, which requires that a judge "should maintain…high standards of conduct and should personally observe those standards,"  and that the obligation applies on and off the bench. He also flags that "a row over a mere parking spot could set the judge off like this — it does not bode well for those appearing before him in court if he happens to be having a bad day."

Roth's complaint raises a second issue: the delay. The incident happened on April 2. The public didn't learn about it until early June. Roth asks Murguia to review why neither Nelson nor the court disclosed it sooner. He contrasts Nelson’s situation with that of Minnesota Court of Appeals Judge Renee Worke, who self-reported a DUI to her state's Board on Judicial Standards just two days after her arrest.

Ninth Circuit Gets Involved

Two days after Roth filed, the Ninth Circuit's Judicial Council formally opened a misconduct investigation. Chief Judge Murguia self-initiated the complaint — not in response to Roth's filing, but based on the Idaho State Journal's article and video, plus coverage from the ABA Journal and Bloomberg Law. Under Rule 5 of the Rules for Judicial-Conduct and Judicial-Disability Proceedings, a chief judge can initiate a complaint from credible public reporting alone. 

Accompanying the complaint was a formal order identifying that a misconduct complaint had been opened against Nelson. That order itself was made public to preserve confidence in the judiciary. All subsequent proceedings will be confidential.

What’s Next for Nelson?

So, what happens now? Murguia will conduct an initial review. Nelson may be asked to submit a written response. If the matter advances, a three-judge special committee investigates and reports to the full Judicial Council. 

Possible sanctions range from a private or public reprimand to a request for Nelson's voluntary retirement. In the most extreme case, the council could refer the matter to Congress—the only body with the power to impeach and remove a federal judge.

Misdemeanor charges alone won't get there. But the misconduct inquiry runs on a separate track, and its outcome could carry professional consequences independent of the criminal case. The pretrial conference is set for June 18.

The next time Judge Nelson pulls into a parking lot, he might want to stay between the lines — in more ways than one.

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