Judicial Council and Judge Appointments

In a recent article written by Brad Iverson-Long from the Idaho Reporter, he brings to us some interesting statements and information concerning our judicial system. Questions arise about judicial complaints and selections

One reappointment this last week was confirmed - that of J. Philip Reberger who is a non-attorney. The “appointment” of Steven A. Tuft is to be confirmed this week.  The council is comprised of these members according to the Idaho Judicial Council Site.

… it may recommend to the Supreme Court the removal, discipline or retirement of a justice, judge, or magistrate judge.  The present members are:

Daniel T. Eismann	Boise	Ex-Officio Chairman
Sherry Krulitz	Pinehurst	Vice-Chair
J. Philip Reberger	Boise	Secretary
William Parsons	Burley
Anne Solomon	Coeur d’Alene
Hon. Ronald J. Wilper	Boise
Ronald M. Nate, Ph.D.	Rexburg
Steven A. Tuft	Burley

Additional information:

Robert G. Hamlin, Executive Director
P.O. Box 1397
Boise, Idaho 83701
(208) 334-5213
E-mail: ijc@idcourts.net

Now take a look at the list – they have eight members. It’s wrong so I called up the judicial council office and brought it to their attention – because I am a confused public observer. God forbid, they do anything behind my back that I don’t catch. The secretary told me they did not have “control” over their own website and the web people must have “forgot” to remove someone. However, it makes sense that the party who is going, stay listed until the newly appointed member is confirmed by the senate. Tuft was appointed this last July and he would not be officially confirmed until the next session which is this one according to Executive Director, Robert Hamlin, of the Idaho Judicial Council. If you think about it that way, there is a chance that the Senate may not confirm a member so essentially, nothing is really set in stone until the vote, even though it really appears to be just a formality. Mr. Hamlin also pointed out that the members need to be “geographically” fair. Interestingly, our north Idaho members, Sherry Krulitz and Anne Soloman are both Democrats. It all really does make for a big mess if a judical complaint is filed against any judge – even though judges are supposed to be non-partisan after they become judges – who knows what they were before? They almost always run unapposed after they have been appointed. The IReporter tells us:

Minority Leader Kate Kelly, D-Boise, said the increase in appointments could be reducing voters’ choices.  “It seems to me that this trend is a deliberate part on the judiciary to circumvent election requirements,” she said.  She said many appointed judges run unopposed in elections.  “In Idaho we have a system of election of judges.  It sounds like maybe there’s a systematic increase of judges resigning or retiring mid-term.”

The Judicial Council is composed of the Chief Justice, two attorneys, one judge, and three non-attorney participates. They handle judicial complaints that the public never knows about unless of course they initiate them. ;-) The appointments are confirmed through the Senate after the Governor appoints the members. Parsons is to replace Tuft. All together there are seven of them, not eight – which includes the Chief Justice.

Robert Hamlin, the Executive Director of the Judicial Council was very prompt in calling me back. He is fixing/clarifying the website issue and was receptive to my idea in pointing out the roles of the council as attorney or non attorney members. I would also like to see party affiliation and contact information.

Another point of interest for the general public - Reberger and the State were sued over his initial appointment in 2005 by Democrats because it was lopsided as far as political influence. However, he held his appointment because Judge Smith who was on the council at that time changed his party to Independent and proved that he had successfully ran on that ticket even though prior to that he was a Republican. 

 

The Governor nominated, and the Senate confirmed, J. Philip Reberger (Reberger) to a term on the Idaho Judicial Council commencing on September 18, 2003, and expiring on July 1, 2009. On February 14, 2004, the Plaintiffs-Appellants (Plaintiffs) brought this action seeking to have Reberger removed from the Judicial Council. They named as Defendants Dirk Kempthorneas Governor of the state of Idaho, Robert L. Geddes as President Pro Tempore of the IdahoSenate, the Idaho Senate, and Reberger.The Plaintiffs contended that Reberger’s appointment to the Judicial Council violated Idaho Code § 1-2101(1), …

 

Today we have three Republican members on the council and three Democrats – and of course the Chief Justice.

Well, looks like it is fixed – and they – the Judicial Council - obviously have control over their own website.

P.S. Happy Ground Hog’s Day.
After thought: The public also needs to know when the members were appointed and when their appointment will expire. This should all be part of a bio of sorts relevant to each member – attorney, judge, and non attorney.