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Federal judge from Idaho dies

Mitchell Schmidt | Hagadone News Network | UPDATED 14 years, 7 months AGO
by Mitchell Schmidt
| May 7, 2011 9:00 PM

BOISE - Judge Thomas Nelson was known among colleagues for blending common sense with his legal decisions and rulings.

"His decisions reflected both legal acumen and common sense," said Chief Judge Alex Kozinski, of the 9th U.S. Circuit Court of Appeals, in a news release Friday. "And he did much to advance the practice of law in his home state and the nation."

Nelson - a former Idaho attorney who was nominated to the 9th Circuit Court by President George H.W. Bush and served on the court for almost 20 years - died Wednesday at his home in Boise due to complications from declining health, according to federal court officials. He was 74.

Nelson began serving on the appeals court in 1990. In 2003 he accepted senior judge status, and continued to hear cases through 2009.

As a federal jurist, Nelson weighed in on several notable cases including a 1999 lawsuit over Arizona's use of lethal gas for executing inmates that was ruled unconstitutional.

He also presided over a 1996 case between former NBA star Kareem Abdul-Jabbar and General Motors Corp. Nelson ruled against the automaker in a suit brought by Abdul-Jabbar over GM's use of the hall of fame player's birth name - Lew Alcindor - in a commercial without his consent.

Nelson was born in Idaho Falls. He graduated from the University of Idaho College of Law in 1962 and was in private practice in Twin Falls before being elevated to the federal bench. Nelson maintained his chambers in Boise until last year.

He also briefly served as a deputy in the Idaho Attorney General's Office as well as a member of the Judge Advocate General's Corps while a member of the U.S. Army reserve.

Nelson's seat in the federal court was filled by Judge Norman Randy Smith of Pocatello in 2007 after a nomination by former president George W. Bush.

"Judge Nelson was very bright, succinct and well prepared in all that he did," Smith said. "He was an excellent trial lawyer and a better judge."

Idaho Supreme Court Justice Joel Horton said he first met Nelson more than 30 years ago in 1986 and formed a lasting friendship. Horton recalled family dinners with Nelson as well as being introduced to whitewater rafting by the former judge.

"When I think of Tom I think of a guy who is remarkably intelligent with a remarkable range of interests," Horton said. "He was undisputedly brilliant and was just a down to earth kind of man."

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