OpenCDA

December 29, 2014

Oh, You Cutups!

Filed under: Probable Cause — Bill @ 8:35 am

FiveClowns copyOpenCdA wonders when the Idaho Supreme Court’s cutups will be taking their comedy act on the road?

First it was Justice Daniel “Bean-spiller” Eismann with a jaw-dropping  introduction to his Nield dissent.

And now we have Chief Justice Roger “Damage Control” Burdick delivering some  beauts in an otherwise dull Idaho Supreme Court Press Release on December 22.

Of course, Justice Eismann’s comment in his Nield dissent introduction was, in our opinion, still the best.  He said, “Courts decide cases in one of two ways:  (a) they apply the law to the facts and thereby arrive at the result or (b) they determine the desired result and then twist the law and/or the facts to justify it.  The error made by the district judge was applying the law to the facts, which produced a result that the majority does not like.”   Justice Eismann was complimenting the district judge while at the same time assailing the Supreme Court’s majority for twisting the law and/or the facts to justify the outcome they sought.

Keep Justice Eismann’s introduction to his Nield dissent in mind as you read Chief Justice Roger “Damage Control” Burdick’s press release announcing the temporary appointments to two administrative positions in Idaho’s court system.  Among Burdick’s bombastic blasts:

“We are very fortunate to have Justice Trout and Judge Wood at the helm as we wait to find the perfect long-term candidate for this position.  They understand our state’s judicial needs and will be able to help us get our courts’ top priorities in front of our state lawmakers during the upcoming legislative session.”

“We want to find a candidate who cares about Idaho the way we do and who will work hard to ensure our state’s judicial system is working the way it should for our citizens.”

TRANSLATION:  If you have integrity and are from outside Idaho, don’t bother applying. We don’t want “outsiders” who might be professional and objective coming in and messing up our smooth-as-silk judicial system that is running exactly the way we want.

(By the way, a variation of that same admonition applies in the First Judicial District for magistrate applicants:  If you’re from outside Kootenai County, don’t bother applying.  Wouldn’t want to slip up and get a magistrate who wouldn’t go along with the crowd and twist the law and/or facts to justify the result desired by those who predetermine political futures here.  Wouldn’t be prudent…)

1 Comment

  1. Idaho’s judicial system never fails to amuse me, however, your interpretation is more fact than jest. Now, that Patti Tobias is long gone and working for the National Center for State Courts in Denver, CO., God knows doing what – it will be interesting to see who will be hired as our Director of the Courts, sometime AFTER this session convenes. Never mind, that ‘they’ have been recruiting since this last summer to find their special candidate. But, I suspect if our Supreme Court can get an approval from Betsy Russel, reporter for the Spokesman-Review, he or she will be a shoe-in. Maybe even Betsy, herself?? Idaho works in mysterious ways, who would have thunk that Larry Craig, himself, would make such a great comeback within the Republican Party?

    It takes two judges to fill this position – Administrative Director of the Courts. Must be some job.

    I wonder what “top priorities” will be in front of our state lawmakers this upcoming session? I always knew who was really running the show and it is not our Legislature.

    Comment by Stebbijo — December 29, 2014 @ 9:53 am

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