Idaho court vacancy called ‘judicial emergency’

BOISE – The nation’s federal courts have declared a “judicial emergency” in Idaho due to the vacancy in one of the state’s two U.S. district judge positions.

The vacancy began when U.S. District Judge Edward Lodge took senior status on July 3 – with no replacement named.

It’s one of 28 judicial emergencies currently in effect across the nation; it was declared Tuesday morning by the Judicial Conference of the U.S. Courts. A law professor at the University of Richmond who watches federal judicial appointments said Lodge’s announcement on Sept. 24 of his plan to take senior status was plenty of time to find a replacement. Carl Tobias, Williams Professor at the University of Richmond School of Law, said Idaho’s two GOP senators are at fault for taking so long to recommend replacements to the White House.

“Judge Lodge is really well-respected and he gave them plenty of time, and they just frittered it away,” Tobias said.

Idaho is one of just three states with only two U.S. district judges.

Last fall, Idaho GOP Sens. Mike Crapo and Jim Risch announced they would personally screen candidates for Lodge’s seat to recommend to the White House. Their process has been secret, and they’ve refused to comment on its status. Boise Mayor Dave Bieter, who is among the state’s highest-ranking elected officials who is of the same party as President Barack Obama, has confirmed he’s submitted three names of his own to the White House.

The White House press office, contacted last week, had no comment on the pending appointment. Federal district judges are lifetime appointees; they are appointed by the president and confirmed by the Senate.

Tobias predicted long delays in federal cases.

“If they want to wait for 2017 for some Republican president to appoint, I think it’ll get ugly,” he said.