WASHINGTON, D.C., USA — U.S. Senators Mike Crapo and Jim Risch this week introduced a bill that would create a third federal district judgeship for Idaho.
The U.S. District Court for Idaho currently has two district court judgeships, currently held by Chief Judge David Nye and by Judge B. Lynn Winmill, who took senior status in 2021, and has worked a reduced caseload since. Senior status, which could be called semi-retirement, creates a vacancy on the court. That vacancy has not yet been filled.
President Biden this month nominated Judge Amanda Brailsford to succeed Winmill, but with her confirmation, Idaho will still have two full-time federal district judges, the same number authorized in 1954.
U.S. District Court judges handle civil and criminal cases brought under federal law. In Idaho, many of the criminal cases tried in federal court have involved issues such as drug trafficking, child pornography, terrorism, civil rights, weapons charges and fraud. Federal district judges also appoint federal magistrate judges, who perform a number of duties, including conducting preliminary proceedings in criminal cases, hearing cases involving minor offenses on federal land and, if the parties agree, presiding over some civil trials.
"Idaho's population has grown substantially, and the court indicates that its caseload has increased exponentially," a written statement from Sens. Crapo and Risch (R-Idaho) says. "This leaves Idaho at a disadvantage compared to other similarly sized states. Since 2003, the Judicial Conference of the U.S. has consistently found Idaho to be facing a judicial emergency based on weighted caseload numbers per active judge and the lack of a third federal judgeship to balance caseloads. Idaho is in a precarious position with only two authorized federal judges, and faces further difficulties and shortages with current judges reaching retirement eligibility."
To have three full-time U.S. District Court judges, Congress would need to change the law to authorize another judgeship. Senate Bill 7, introduced Monday, has been referred to the Senate Judiciary Committee.
Idaho is one of three states with only two authorized federal district judgeships. The others are North Dakota and Vermont, two states whose populations are less than half that of Idaho's.
"Idaho's growing population requires an additional judgeship to ensure effective access to the resources that provide justice in our state," Crapo said.
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