Lawyers plead their case for another federal judge

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Every year, Idaho’s federal court judges work harder to do more with less as their caseloads increase, budgets shrink, and they travel statewide to resolve cases.

Since 1954—the last time an additional district judgeship was approved by Congress—Idaho has had only two U.S. District Court judges to handle hundreds of federal criminal and civil cases filed each year. As of this September, the court had 720 pending civil cases and 222 pending criminal cases.

The size of the court hasn’t kept pace with the increase in case filings that have tracked decades of growth. According to U.S. Census reports, in 1960, there were just over 667,191Idaho residents. As of 2010, Idaho has 1.5 million people.

In addition to Chief District Judge B. Lynn Winmill and District Judge Edward J. Lodge, the court has two magistrate judges and two recalled (retired) magistrates to manage caseloads.

Magistrate judges handle civil cases, criminal misdemeanor cases, and other criminal motions. But only district judges can try felony criminal cases, such as the recent Joseph Duncan multiple murder trial.

Speedy trial rules require district judges to resolve criminal cases first, meaning civil cases can get delayed. And complex cases can tie up district judges for months at a time, forcing the court to rely on “visiting” or out-of-state federal district judges to help resolve cases.

“That means non-Idaho judges are deciding Idaho cases,” said U.S. Attorney Wendy Olson.

In its 2008 annual report, the court listed a 96 percent increase in visiting judge hours. Visiting judges conducted 22 civil and criminal trials in 2008, and 15 civil and criminal trials in 2009.

According to 2009 U.S. District Court records (the last year available), there were 532 weighted case filings per judgeship. Weighted cases are those given more weight because of their complexity. For example, a large antitrust case that takes months to resolve may be given the weight of 20 cases.

Chief Judge Winmill said his weighted case filings are closer to 600 now, as the number and complexity of cases filed has been increasing.

And while Idaho’s federal court is recognized nationwide as a model of efficiency, Winmill and others say Idaho’s situation is becoming dire in the face of federal budget cuts, heavy travel schedules and exhausted staffs.

“I have my own standards, but it’s getting very, very hard to meet my standards,” Winmill said. “I want to have my decisions out in 30 days. Historically, I’ve done okay—until last year.”

Winmill, who lives in Pocatello, and Lodge, who lives in Caldwell, resolve cases in Boise, but they also travel to federal courthouses in Coeur d’Alene, Pocatello and Moscow for trials and hearings.

Idaho is one of three states, including North Dakota and Vermont, with only two district judges.

Wyoming, Montana, South Dakota and Alaska—rural states similar to Idaho—each have three federal district judges. And Idaho has three times the caseloads of those states. Those states also have help from senior judges, who are federal district judges who help manage caseloads, but are no longer deemed active. Idaho has no senior judges.

Idaho lawyers, including members of state and federal bar associations, say the state desperately needs a third district judge. They’re asking members this month to vote on a resolution to urge Congress to authorize an additional judge.

Last year, Idaho Republican Rep. Mike Simpson and former Rep. Walt Minnick, a Democrat, introduced a bill requesting a third judge. Though the bill didn’t pass, Simpson said he still supports adding a third judge.

State Rep. Grant Burgoyne, D-Boise, said he plans to bring a memorial before the next legislative session about the need for a third federal judge. A memorial is a measure to make a request or voice an opinion to Congress or the president.

Burgoyne said though Idaho’s federal court does its best to work innovatively, it’s laboring under a tremendous burden.

“They do it, but you keep asking yourself how long they can keep doing it,” he said.

Politics are largely to blame for the lack of a third judge, Burgoyne and others said. Federal judge appointments for vacant seats are political hot buttons, and many remain unfilled.

Getting an additional judge is even harder when you factor in federal budget cuts as well as the costs of hiring and space for a new judge, law clerks and other staff, said Winmill.

Idaho’s federal court and legal community aren’t the only ones affected by the congestion. Idaho citizens are also paying the price since legal delays hinder business activity, Burgoyne said.

“If you have a legal dispute you want to get it resolved as soon as possible. Anything that stands in the way of commerce is standing in the way of job creation in Idaho,” he said.

“It’s an issue of fairness and access to justice for Idaho citizens,” Olson said.