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Eye On Boise

Lame-duck session of Congress wrapping up without vote on Idaho Judge Nye

Despite the best efforts of Idaho’s two senators, the lame-duck session of Congress is wrapping up without any confirmation votes on judges – including U.S. District judge nominee David Nye of Idaho; you can read my full story here at spokesman.com.

The House already had adjourned Thursday afternoon, and the Senate was still going in a fight over compensation for miners in West Virginia, but Sen. Mike Crapo’s spokesman, Lindsay Nothern, said, “The odds of us getting it done today are probably not good. So we need to push forth into the new year and continue to work with the Trump folks on Judge Nye’s nomination and confirmation.”

“We’re going to keep going with Nye,” Nothern said.

Carl Tobias, a law professor at the University of Richmond who closely watches federal judge confirmations, said if the Senate leadership had been willing to hold votes, “He could be confirmed in 10 minutes and he could hear cases this week – he could be sworn in and be ready.” Instead, he said, Idaho now likely faces six more months with just a single active federal district judge, Chief Judge B. Lynn Winmill.

“This doesn’t look good for the bench in Idaho right now,” Tobias said, “for no reason. It’s the worst-case scenario, because the senators have said we’re just going to come right back and recommend the same guy. It’s just pure waste. It’s crazy.”

After an extended process, Nye was nominated by President Barack Obama, with the support of Idaho GOP Sens. Crapo and Jim Risch, to replace longtime Judge Edward Lodge, who took senior status on July 3, 2015, a move he’d announced in September of 2014. The federal court system has declared a “judicial emergency” in Idaho due the shortage of judges, and out-of-state judges have been brought in to hear Idaho cases.

“We are disappointed – we would have liked to have gotten it done now,” Nothern said. “That said, we’re still optimistic in working with Trump’s folks, because they’re asking us who we like and we say we’re going to support Judge Nye. There’s been communication already.”

However, he noted, “We’d have to re-nominate him through the Trump Administration.”

Nye won unanimous support from the Senate Judiciary Committee in July after a hearing in June. He’s among 20 federal district court nominees who’ve won unanimous support from the committee, but never got floor votes in the full Senate on their confirmations.

Tobias said, “I’m not sure how quickly it can move even if the new president decides to nominate them, which he probably will, because of the Supreme Court vacancy. That’s going to take up all the air in the room.”

He added, “I think the senators have done what they can do. They’re doing the best they can. It’s too bad for the people of Idaho and the judges out there – I really feel for them.”

Tobias noted that Lodge turned 83 this week, and is still hearing cases.

“Everybody knows that Idaho’s desperate and there’s just no percentage, there’s nothing to be gained by what’s happening,” Tobias said. “It’s just stupid.”



Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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