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JUDGES: Disagree on Bradbury points

| May 2, 2010 10:00 PM

As a member of the Idaho Supreme Court and a candidate for re-election, I am writing to correct some misstatements made by another candidate.

In a recent interview with your paper, Judge John Bradbury said he was running for the Supreme Court to put "pressure on the Legislature to change laws governing political judge appointments." Judge appointments in Idaho are not political.

Any appointments of district or appellate court judges in Idaho are made in strict compliance with the Idaho Constitution. When a judge dies or retires, the Constitution provides that the Governor will appoint a replacement. In order to eliminate politics from the process, the Legislature has established a Judicial Council to screen applicants for a vacancy and submit a list of the best 2-4 applicants to the Governor, who can only choose from the list. This does not constitute an end-run around the Constitution, as Bradbury claims, but complies exactly with the Constitution. All district judges, two Supreme Court justices, and one Court of Appeals judge are on the May 25 election ballot.

 Further, Supreme Court justices do not put "pressure" on the Legislature to change the way judges are appointed. That would violate the separation of powers under the Idaho Constitution. Judges interpret the law, they do not legislate. If a person want to pressure the Legislature, he can register as a lobbyist, or run for a seat in the Legislature. The court has no place for activism.

JIM JONES

Supreme Court justice and candidate