Idaho could be down to just one federal judge for another six months

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.

The House of Representatives 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 a vote weren’t 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,” 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.

“It’s the worst-case scenario, because the senators have said we’re just going to come right back and recommend the same guy,” Tobias added. “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. 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 renominate 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 Senate floor votes on their confirmations.

Tobias said it’s likely the judges would get nominations from the Trump administration, but it’s not clear how quickly the matter will be addressed by a Senate consumed with a vacancy on the U.S. Supreme Court. “That’s going to take up all the air in the room,” he said.

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.”