Candidate Profile-Justice Roger Burdick

Why are you seeking re-election to the Idaho Supreme Court?

During the next 6 years, the Idaho Supreme Court will be called upon to decide serious and complicated water issues that will affect the lives of everyone in southern Idaho. I presided as judge of Idaho s water court for 3 years and have a deep understanding of water law and of the Snake River hydrologic system.  I gained a reputation for fairness and competence. My experience will be invaluable in deciding the water management disputes that will influence the future of our state and I would like to play a part in that work. It is not a job to entrust to a novice. 

What qualities do you think a Supreme Court Justice should possess?

I was appointed to the Idaho Supreme Court by Gov. Dirk Kempthorne in 2003 and elected to a 6-year term in 2004.  Before that I was a lawyer in private practice, public defender, county prosecutor, magistrate judge, and district judge. As a judge in the Magic Valley, I established and ran a drug court, a night court, and a program to keep juveniles from being repeat offenders. I have written Supreme Court opinions in numerous criminal and civil matters, including death penalty cases, cases requiring open government and a wide array of other types of cases.  

Why is it important to have consensus on the courts?

It is critical to have consensus so that we can actually accomplish things on behalf of the people of Idaho.  The Supreme Court has done an outstanding job in its two roles the court of last resort for all state law cases and the administrator of the court system. Our record on court decisions is exemplary. In its administrative role, the Idaho Supreme Court has gained national recognition for its innovative programs  — the court assistance programs for those who represent themselves, implementation of drug and mental courts and their expansion to all corners of the state, and implementation of programs to protect children and their families who are in crisis.

How are you different from your opponent? 

I believe the best way to improve the judicial system is to work within the system, rather than downgrading it with unjustified and misleading criticism. When I was a district judge in Twin Falls, I established a night court, but found few people used it. Judge Bradbury complains that we don t have night courts but has never taken a step to establish one. A justice should focus on court work deciding cases and administering courts. Judge Bradbury’s focus is primarily on issues that require changes in statutes or the Constitution. Judges don’t make laws, they interpret them.

Your opponent has claimed that the Supreme Court is secretive and not open to the public at large. How do you respond to this?

I have long been a supporter of transparency, open government and free press.  You can evaluate a number oaf cases including the ICL vs the Idaho Department of Ag (2006), Idaho Press Club v State Legislature (2006), Cowles v Kootenai County Board (2007) and many others to get a sense of my position on transparency.