JUDGE: No to Gutierrez

I strongly urge Idaho voters to avoid voting for Sergio A. Gutierrez for Idaho Supreme Court justice in the forthcoming election. As a member of the Idaho Court of Appeals, Gutierrez has participated in several less than stellar decisions. Most grievously he has joined other Idaho Court of Appeals judges in issuing unpublished opinions.

Unpublished opinions cannot be used by the public or lawyers to understand how courts will rule on similar questions in the future. Unpublished opinions can and do ignore existing law. Unpublished opinions are highly criticized by legal scholars. Unpublished opinions lack accountability because they are rarely reviewed by anyone other than the immediate parties to the matter appealed. Thus, neither the public nor the press, on behalf of the public, has an opportunity to understand the quality of the Court’s work product.

While many jurisdictions outlaw the practice of issuing unpublished opinions, Idaho leaves that to the complete discretion of the Court of Appeals judges. To the extent that discretion is exercised to hide decisions from the public, it is irresponsible and those who participate in less than stellar conduct should not be rewarded with elevation to a higher office.

GARY W. HAIGHT

Coeur d’Alene