Discipline, Gravitas Keys To Credibility

This is how the judicial system is supposed to work: When a majority of the Idaho Supreme Court overrules a local trial court judge, the local judge humbly accepts his new instructions.

Judge Daniel Eismann apparently thinks he’s too smart for that. He publicly chastised the Supreme Court when it unanimously overruled him on an important lawsuit, then removed himself from the case in a huff. Now, he’s running against an incumbent for a spot on the top court.

Idaho’s Supreme Court needs to retain a firm grip on its credibility. It needs even-tempered and thoughtful justices. Incumbent Justice Cathy Silak has done a fine job since joining the court in 1993 and deserves re-election. Silak, 49, said she follows precedents of the state and federal courts, rather than adhere to any particular ideology.

Eismann, 53, said judges should interpret the Constitution and laws according to the intent of the drafters. The problem is, he seems to think he’s the only judge who knows what they meant. Last year, Eismann withdrew from a school district lawsuit against the state, accusing the court of rewriting the state Constitution. Eismann had ruled the state is not responsible for adequate buildings, but individual school districts’ voters were to decide how much to tax themselves. The Supreme Court disagreed - unanimously - and sent the case back to Eismann. That’s when he withdrew.

“I took an oath to uphold the Constitution,” Eismann said. “To follow the court’s directive I would violate my oath of office.” Politicians are well known for that kind of futile grandstanding. Judges, though, are supposed to follow the law, which in this case was interpreted by a unanimous Supreme Court.

Silak, meanwhile, has quietly been carving out a reputation as an effective member of the Supreme Court. She highlights important issues such as mediation in divorce cases and streamlining the court process. She authored the majority opinion in a 3-2 ruling on a water rights case that’s got her in hot water in southern Idaho.

But an even bigger issue facing the court is how to ensure that Idaho students attend school in safe buildings. That’s at the heart of the lawsuit being considered by Eismann’s replacement and the matter could well land back in the Supreme Court. Better to have Silak hearing that case than Eismann.

Next Tuesday’s election will determine the final winner in the Supreme Court race. We believe Silak is the best choice.