In the immediate aftermath of the Nazi seizure of power Rothenberger was part of an unofficial group within the Nazi Party, led by Hans Frank and Roland Freisler, the aim of which was to transform the legal profession by installing loyal party men in leading positions within the judiciary [REF].
Nonetheless as senior judge in the Hanseatic Higher Regional Court Rothenberger clashed with the Gestapo in 1938 over their practice of rearresting people who had been released from prison.