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January 30, 2012

Judge for Life

Filed under: Probable Cause — Bill @ 4:36 pm

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The Idaho House of Representatives has passed House Joint Memorial 4 and sent it on to the Senate.  This memorial, if passed, would ask the federal government to appoint a third Federal District Judge for the District of Idaho.  Federal District Court Judges are appointed for life but can be removed if impeached and convicted by the US Congress.

Idaho currently has two Federal District Judges.  Here are their brief biographies:

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Lodge, Edward J. Born 1933 in Caldwell, ID

Federal Judicial Service:
Judge, U. S. District Court, District of Idaho
Nominated by George H.W. Bush on October 30, 1989, to a seat vacated by Marion J. Callister; Confirmed by the Senate on November 21, 1989, and received commission on November 27, 1989. Served as chief judge, 1992-1999.

U.S. Bankruptcy Judge, District of Idaho, 1988-1989

Education:
College of Idaho, B.A., 1957
University of Idaho, LL.B., 1961

Professional Career:
Private practice, Idaho, 1960-1963
Probate judge, Canyon County, Idaho, 1963-1965
Judge, Idaho State District Court, 1965-1988

 

Winmill, B. Lynn Born 1952 in Blackfoot, ID

Federal Judicial Service:
Judge, U. S. District Court, District of Idaho
Nominated by William J. Clinton on May 24, 1995, to a seat vacated by Harold L. Ryan; Confirmed by the Senate on August 11, 1995, and received commission on August 14, 1995. Served as chief judge, 1999-present.

Education:
Idaho State University, B.A., 1974
Harvard Law School, J.D., 1977

Professional Career:
Private practice, Denver, Colorado, 1977-1979
Private practice, Pocatello, Idaho, 1979-1987
Judge, Sixth Judicial District Court, State of Idaho, 1987-1995
Adjunct professor, Idaho State University, 1991-1995

Essentially, the President can nominate anyone whom he believes the US Senate will confirm.  The customary practice is for the President to nominate whoever has been selected by the US Senators from the state involved.  So in this case and assuming custom would be followed by the President, Senators Crapo and Risch would nominate a candidate.  If the President concurred, he would forward the nominee on to the US Senate for consideration.  Of course, the President has no obligation to accept the nominee from Idaho’s senators just as the US Senate has no obligation to approve or even consider the nominee submitted by the President.

4 Comments

  1. Why would the House do this now? Why not wait a few months until after the next presidential election?

    Comment by mary — January 30, 2012 @ 8:45 pm

  2. Mary,

    Because one bought-and-paid-for federal judge can offset the majority in a legislature.

    Since 1980, five U.S. District Court Judges have been impeached, convicted, and removed from office:

    Harry Claiborne, U.S. District Court for the District of Nevada (nominated by Carter)
    Alcee Hastings, U.S. District Court for the Southern District of Florida (nominated by Carter)
    Walter Nixon, U.S. District Court for the Southern District of Mississippi (nominated by Johnson)
    Samuel Kent, U.S. District Court for the Southern District of Texas (nominated by G.H.W. Bush)
    Thomas Porteous, U.S. District Court for the Eastern District of Louisiana (nominated by Clinton)

    A President can inflict an awful lot of harm on a state by being able to nominate the US Attorney and one or more federal judges in that state, particularly if the state has only two or three federal district judges. Minnick/Obama gave us Wendy Jo Olson as the US Attorney. Judge Lodge is 78 years old and could easily decide to retire during Obama’s next term, so if Obama gets to retain or pick a new US Attorney for Idaho as well as nominate the third judge as well as Judge Lodge’s replacement, the people of Idaho could be totally screwed in the federal district court.

    Comment by Bill — January 31, 2012 @ 6:48 am

  3. Thanks for you thoughts Bill but I would refer to the next four years as the “next four years” as its being more likely rather than “Obama’s next term”. LOL

    Comment by Ancientemplar — January 31, 2012 @ 8:10 am

  4. The problem with life time appointments is that they are for lifetime.

    Comment by Joe Six-Pack — January 31, 2012 @ 10:09 am

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