Plan Would Make High Court An Appointment-Only Post In Past 30 Years, One Contested Election For Supreme Court

The Idaho Legislature is considering a resolution to amend the state Constitution on the way Supreme Court justices are elected.

It would do away with the current process, which allows challengers to run against justices when they seek re-election. Instead, the only choice for voters would be to retain or not retain a justice at the end of each six-year term. The only way to get on the court would be gubernatorial appointment.

There has only been one contested Supreme Court election in the last 30 years because lawyers hesitate to take on justices. There also are ethical considerations that get in the way of real campaigns because judiciary candidates are barred from talking about issues they might consider on the court.

“It turns into a beauty pageant,” House Judiciary Chairman Celia Gould of Buhl said.

If both the House and Senate give two-thirds approval, the question would go on the November general election ballot.

The move was prompted by Justice Byron Johnson’s decision to serve out his term through this year before retiring rather than quitting early and leaving a vacancy on the five-member court that would require a gubernatorial appointment.

Johnson has said he would seek another term if the Legislature gets the proposed constitutional amendment on the ballot. But candidates already are lining up to run in the May primary for his seat. If no candidate gets a majority of the vote in May, the top two vote-getters will face a runoff election in November.