Apr 18 2007
Justice Davis?
Only the foolish make flat predictions, on application release day, about the name of the next appointed justice on the Idaho Supreme Court. The Idaho Judicial Council, which screens for two-to-four applicants (usually four), and the governor, who makes the final selection, have historically proven adept at upending expectations.
 Bart Davis |
That said, the early money seems likely to go to the state Senate Majority Leader, Bart Davis, R-Idaho Falls, and for substantial reason.
The opening will result from the retirement of the court’s chief justice, Gerald Schroeder, at the end of July. (He has, as an aside, a remarkable record on the bench. He has been a judge since 1969 and on the Supreme Court for a dozen years, and throughout has been held in broad high regard. In spite of which, neither stiff nor stuffy; he’s low-key, humble and has a sense of humor. One of the region’s lesser-known long-running class acts.)
The court opening, one of the few appointive spots in recent years, drew a pile of applicants: 19 in all. The Idaho Judicial Council (which will interview the candidates) lists them on its site:
DAVIS, BART M. – Idaho State Senator and Lawyer in private practice – Idaho Falls, ID
GABBERT, MYRON DAN – Adams County Prosecutor and Lawyer in private practice – McCall, ID
GILMORE, MICHAEL S. – Deputy Attorney General – Boise, ID
GINES, RALPH J. – Lawyer in private practice – Boise, ID
HORTON, JOEL D. – District Judge of the Fourth Judicial District, Boise, ID
HUNTER, LARRY C. – Lawyer in private practice – Boise, ID
JONES, WARREN E. – Lawyer in private practice – Boise, ID
KRISTENSEN, DEBORA K. – Lawyer in private practice – Boise, ID
LUKER, LYNN M. – Lawyer in private practice – Boise, ID
PETERSON, Jr., CHARLES F. – Lawyer in private practice – Boise, ID
SATTERLEE, KEVIN D. – Assoc. Vice President and General Counsel for Boise State University, Boise, ID
SKINNER, Jr., GARDNER W. – Lawyer in private practice – Boise, ID
SMITH, MARVIN M. – Lawyer in private practice – Idaho Falls, ID
STICKLEN, KATHRYN A. – District Judge of the Fourth Judicial District, Boise, ID
STRONG, CLIVE J. – Division Chief of the Idaho Attorney General – Boise, ID
TORYANSKI, MITCHELL E. – Deputy Attorney General – Boise, ID
WHITE, TERRENCE R. – Lawyer in private practice – Nampa, ID
WOOD, BARRY – District Judge of the Fifth Judicial District, Gooding, ID
YOST III, WILLIAM “BUD” F. – Lawyer in private practice – Nampa, ID
There is on this list a larger-than-usual number of really prominent names. Clive Strong, for example, has been for many years the state’s main man on legal matters that relate to natural resources, especially water; he is so key in that area that many people may not want him to move.
A Supreme Court appointment has to be politically acceptable, and that factor may knock out some of the people on the list.
Former Governor Cecil Andrus generally preferred appointing non-district judges to the high court. Otter’s views on that idea aren’t clear, but after Schroeder (a former DJ himself) leaves, three of the four other justices (Linda Copple Trout, Daniel Eismann, Roger Burdick) still will be former district judges. That may weigh against appointing another one. And among the applicants, the judge with the broadest experience, 5th District Judge Barry Wood (who has gotten strong reviews for his work over the years, and acquitted himself well presiding in the tough Snake River Basin Adjudication), has background and regional experience that may too-closely match that of Burdick, the most recent appointee to the court.
Another frequent consideration is regional. The post-Schroeder high court will have justices with substantial southwest Idaho background (Eismann, Jim Jones), northern Idaho (Trout), and the Magic Valley (Burdick and Jones). The region left out, as it has been for a while, is eastern Idaho. Of the 19 applicants for the opening, 15 hail from the Boise-Nampa area. Of the other four, there’s one from McCall (Myron Dan Gabbert), one from Gooding (Wood), and two private practice attorneys from Idaho Falls – Marvin Smith and Bart Davis. And Davis, besides his various civic pushups, has been active in state Bar activities (mainly in the commercial law area); he’d be a credible appointee from that front, too.
Of course, you never know. Sometimes people interview poorly at the council (and those interviews are open to the public; if someone bombs there, which occasionally happens, everyone knows). Otter’s relationship with Davis would be in play, if Davis makes the short list, and factors there could include a reshuffling of Senate leadership.
At the moment, at least, Davis seems the name to watch.
2 Responses to “Justice Davis?”
I covered the council as it interviewed applicants for the job eventually taken by Burdick. I honestly thought Davis had it in the bag back then … I agree that he’s the man to beat.
You make a strong case for an eastern Idaho appointment although Burdick might count as one in some people’s eyes. But I’m not sure it will be Bart. He’s been up before and does not rate strongly among attorneys who rate all judicial candidates. His practice is focused in bankruptcy over which the Supreme Court has no sway and being a sitting legislator doesn’t tend to militate in favor of a candidate for the judiciary.
Also holding Court over water issues is dangerous territory politically. Judge Wood has some major baggage having been recently overruled by the Supremes on the major decision recently handed down. Not sure about Clive and whether his advocacy hasn’t made some enemies. Probably safer for the Gov to avoid those picks.
One candidate with big respect legally is Gard Skinner but am unsure whether he may not be in the wrong party. Larry Hunter might qualify as SE Idaho appointment because of his religion over his residency and is likely to rate high with attorneys. And don’t count out Judge Sticklen as a good even handed candidate that could score political gender points which has been in vogue for judicial appointments in the last twenty years.