Written by: Jim Hansen
Thursday, May 24, 2007

The Spokesman Review just announced that another Idaho Supreme Court Justice is resigning before the end of her term. Justice Linda Copple Trout is resigning this year rather than face another election. Justice Gerald Schroeder announced his resignation earlier this spring and there are over a dozen applicants seeking the appointment. Kudos to Betsy Russell and her blog Eye on Idaho for breaking this story today.

The campaign for supreme court seats in Idaho can be nasty, partisan and expensive. Idaho only allows justices to raise money from private interests (usually attorneys and their clients who have experience with cases in the courts). This undermines public confidence in the independence and integrity of the court system. Making matters worse, even though candidates for justice or district judge are not allowed to declare a party affiliation, the fact that the election occurs when voters are going to the polls to vote in partisan primaries means that judge candidates are forced to be partisan. They have to show up at partisan events and develop cozier relationships with powerful political players (or at least not upset them). No candidate for judge that I have spoken to likes that system. Most people who want to be

The Spokesman article quotes former Speaker Bruce Newcomb. He claims to be just as troubled by Idaho's system of electing judges. He also said he tried to change Idaho's election system for Supreme Court justices to a yes-or-no retention election system, similar to how Idaho elects magistrate judges. But, Newcomb claims, he couldn't get enough support in the Legislature. He did not try very hard. He was the most powerful member of the legislature for over a decade but never made this a priority.

In fact, a reform proposal was introduced and had a public hearing in 2003. House Bill 251 would have allowed candidates for judge not to be tied to private special interest money. It was patterned after a successful system of public financing for judges in North Carolina. United Vision for Idaho, Idahoans for Fair Elections, the League of Women Voters, and others supported it. Rep. Dave Bieter (now Boise's Mayor) and Rep. Tom Trail were the sponsors. Support outside the legislature was bi-partisan and the only person who testified against the bill was Sen. Bart Davis of Idaho Falls, who was the Senate Republican leader. The Republicans on the committee got the message and killed the bill. (Check out the minutes of the March 3, 2003 hearing).

Now, the one person who fought so much against changing the way we elect judges wants to be a judge himself. Bart Davis has applied to be APPOINTED to the vacancy created by Justice Schroeder's resignation. Why didn't Davis run for the position in an election last year? There was even an open position then. Why not run for the position in 2008 rather than try to secure the advantage of appointment? How ironic!

Here is a full list of the 19 applicants for Justice Schroeder's Supreme Court vacancy. Interviews are scheduled for June 7-8. I believe the time for public comment on the applicants has passed. Unlike elections, the public rarely hears about who is competing for an appointment so few people weigh in. The Idaho Judicial Council will conduct the interviews and then submit two to four names to the governor. The governor can only select from the names submitted by the Judicial Council. The system does not get the politics out of appointing judges entirely since the Council members themselves are mostly political appointments.

Trackback Print

Location: Blogs Jim Hansen