In 1954, President Dwight Eisenhower nominated Fredrick Taylor as the federal district judge to fill a newly created judgeship in Idaho. Today, the Gem State still has the same number of federal judges — just two.
Now, Idaho's members of Congress are pushing two companion bills to add a third federal district judge to address the demand in Idaho's federal court system.
Idaho's population has gone from about 600,000 in 1954 to an estimated 2 million today, according to census data. With increased population, there is a correlation of increased caseloads, says U.S. Sen. Mike Crapo, R-Idaho, who has sponsored the Senate version of the bill to add a judge.
A federal district judge oversees trial cases in U.S. District Court, part of the United States federal court system that hears civil and criminal cases and trials.
The president nominates federal judicial candidates based on recommendations from senators, who then hold hearings and confirm each appointment. Those judges are then allowed to serve for life.
Last year, the JUDGES Act, aimed at addressing caseload issues in Idaho and other states including California by creating 66 new district judgeships. The Senate passed the measure by unanimous consent in August. Five weeks after the presidential election, the Republican-led House voted 236-173 largely along party lines, with the support of 207 Republicans and 29 Democrats. On Christmas Eve, former President Joe Biden vetoed the bill.
In a letter addressing the veto, Biden argued that caseloads weren't the motivating force behind the act. Instead, he argued that senators were trying to create new judicial vacancies that could be held open for President Donald Trump to fill.
In an email to the Inlander, U.S. Sen. Jim Risch, R-Idaho, says that he believes Biden's "11th-hour veto" of the JUDGES Act was political maneuvering to block President Trump's nominees.
"It is both disappointing and appalling that partisan spite was prioritized over the clear and urgent judicial needs of Idahoans," Risch writes. "I look forward to working with President Trump to bring another judge to Idaho in the 119th Congress."
Judge Robert Conrad, Jr., the Director of the Administrative Office of the United States Courts, sent Biden a letter addressing the concerns mentioned in his veto. Conrad wrote that the legislation was a thoroughly researched plan to address the expansions needed around the country since 2002.
According to the Administrative Office of the U.S. Courts, the last action to address the judgeship issue at large was approved by Congress in 2002. Since then, lawmakers have regularly submitted requests for additional judges, which have been allocated consistent with those requests.
"This veto is a deviation from the long historical pattern of approving judgeship bills that awarded new judgeships to sitting Presidents," Conrad says. "The President's veto is contrary to the actions of Senator Biden, who helped pass many of those bills."
Despite the veto, Idaho's two U.S. representatives — Republican Reps. Russ Fulcher and Mike Simpson — have already introduced House Resolution 319 to add a third federal judgeship to Idaho. Idaho's two U.S. senators, Crapo and Risch, introduced Senate Bill 54 as a companion.
Crapo says he hopes the creation of the third judgeship will address the 600 cases per judge that the two federal district judges in Idaho currently face. He says circuit chief judges have to assign cases to federal judges outside the state because the caseload continues growing.
"They have told us that we badly need this [judgeship] for years now, as the caseloads simply keep increasing," Crapo says. "They've increased by about 40%, and people across the state of Idaho are very aware that we don't have sufficient judges to handle the caseload in our state."
All four of Idaho's federal lawmakers are working to get the bills across the finish line quickly. Fulcher says a symbolic "one voice" delegation is essential to get on the same page and get the legislation approved.
"We've got a problem, and we've got a potential solution," Fulcher says. "Frankly, it's the power in numbers that we're all on the same page when it comes to this, and sometimes that's advantageous when trying to achieve a certain cause."
The federal district judges in Idaho operate statewide, with offices in Boise, Pocatello and Coeur d'Alene. If the bill makes it to Trump's desk and is signed, it's unclear where the third judge will primarily operate from in Idaho.
Crapo says a newly appointed judge would decide where to reside. He says the judge will likely travel to different parts of the state to hear cases, since the courts use a rotation system.
"It's very possible that the state, or even the federal government, in a federal building, might build some facilities, like constructing a new courthouse or a courtroom in an existing building, and try to encourage the judge to locate there," Crapo says.
Both bills have been introduced and sent to their respective chambers' judiciary committees. Crapo is a member of the Senate Committee on the Judiciary and will get to promote his bill.
U.S. Rep. Michael Baumgartner, a first-term Republican representing Washington's 5th Congressional District, is expected to have a say on the House side, after being assigned to the House Judiciary Committee.
Fulcher and Crapo say they hope that a desire for fiscal responsibility by not hiring judges outside of Idaho for some cases, and the need to help the overburdened judicial system will strengthen their case.
"It's hard to argue against what we're attempting to do, given our growth and our circumstances, but we're willing to have input and make our case," Fulcher says. "But as far as I'm concerned, the more we can share and expose what we're trying to do and its benefits, the better off we'll be." ♦
