Lawmakers say they’ll fight for 9th Circuit judgeships

Sat., Feb. 18, 2006

Associated Press The Spokesman-Review

BOISE – Members of Idaho’s congressional delegation say they’ll fight California’s two U.S. senators over their claim to a vacancy on the 9th U.S. Circuit Court of Appeals after President Bush picked an Idaho judge for the spot.

In December, Bush nominated Idaho 6th District Judge Randy Smith of Pocatello to the San Francisco-based appeals court, which covers nine Western states with a combined population of 58 million people. The court has 28 full-time judges, and its retired judges often consider cases as well.

Smith was nominated to replace Judge Stephen Trott, who moved to Idaho from California after his appointment. Trott declared senior status in December 2004 – the equivalent of retirement for federal judges – and since then, Idaho has not had an active judge on the court.

Another Idaho resident also has been nominated to the court. Boise attorney William G. Myers was tapped by Bush three years ago to succeed Tom Nelson, who took senior status in 2003. Myers’ confirmation has been held up by threat of filibuster.

Two seats on the 9th Circuit bench is too many for a state as small as Idaho, say California Democratic Sens. Dianne Feinstein and Barbara Boxer.

“The bottom line is that Idaho, with two judges, will be vastly over-represented compared to its caseload or population,” Feinstein said in a letter to Idaho Republican Sens. Mike Crapo and Larry Craig, both Republicans.

The 9th Circuit does much of its work in three-judge panels. The Idaho senators say that practice gives California a 90 percent chance to have a home-state judge on a case.

Tradition holds that new judges are selected from the same state as the one creating the vacancy, but the seats technically do not belong to any state.

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