Idahoans can’t afford unqualified judges. The Legislature risks it without a pay hike | Opinion

Ever since I started practicing law in Idaho in 1973, Idahoans have trusted that they would get a fair shake when their lives or property were at risk in our state court system.

That’s because Idaho judges have rightly been viewed as competent and impartial. That, in turn, is a result of the merit-based selection procedures for Idaho judges.

In the late 1960s, the Idaho Legislature had the wisdom and foresight to provide for the selection of most judges through non-political vetting committees. Magistrate judges are investigated, interviewed and appointed by regional magistrate commissions. The Idaho Judicial Council was established to consider the qualifications of candidates for the state’s district and appellate courts. The Council thoroughly vets the candidates and sends a list of the best-qualified to the governor, who appoints from the list.

Former Gov. Butch Otter regularly received praise from other state governors for the recognized excellence of Idaho’s judiciary, which Otter attributed to the Judicial Council selection process. Former Chief Justice Roger Burdick says the chief judicial officers of states across the country likewise praised the competence of Idaho judges.

Phil Reberger, who just retired as vice-chair of the Council after two decades of service, played a significant part in this process by serving up lists of well-qualified candidates from which the Governor made his choice. Otter and Reberger are largely responsible for Idaho’s well-qualified judiciary. It is a real tribute to these long-time conservative Republicans that they valued the appointment of competent, impartial judges over petty partisan politics. Unfortunately, their good work is in danger.

Years ago, the Legislature fashioned a compensation/retirement package designed to incentivize accomplished lawyers with at least 10 years of experience to apply for district and appellate judgeships. It was generally understood that accomplished lawyers would take over a 50% pay cut to serve as a district judge. In order to make the transition to a judgeship, there must be some certainty that the Legislature will not make drastic employment changes.

When the Legislature gave every state employee, except judges, a 7% cost-of-living increase in 2022 and then refused to make it up last year, it made many sitting judges consider whether it was worth remaining on the bench. Last year, an accomplished Supreme Court justice and a highly-regarded magistrate judge in Bonneville County left their positions because of the low salaries.

The Legislature has also tinkered with the non-partisan make-up of the Judicial Council and seems to have an inclination toward requiring partisan elections for appellate and district judges. Years ago, district judge positions were quite competitive, often with upwards of a dozen applicants. From 2021 to the present, there has been an average of less than 5 applicants for the 16 district court vacancies. Magistrate judge positions, which pay $12,000 less but have much better job security, receive more than twice as many applicants. Fewer skilled lawyers are stepping forward to be district judges. That is a real problem because district judges are critical to the court system.

District courts handle very few hot-button issues. They deal with cases that touch the everyday lives of Idahoans, regardless of the philosophy of the litigants. They handle felony criminal trials, like the Daybell and Kohberger cases. District courts decide contract, corporate, zoning, personal injury and the full range of civil cases. It is vitally important that those holding the lives and fortunes of people in their hands be the most impartial, experienced and competent judges possible. It is no place for those with little legal experience, politicians or lawyers who just need a steady paycheck.

The fact is that we risk getting enough qualified candidates for judicial positions unless there is an immediate and substantial pay raise for all judges. The pay for high court justices equates to $79 per hour, for district judges it is $72 per hour and for magistrate judges it is $69 per hour. In contrast, the Legislature often hires counsel to represent it in court for more than $470 per hour. It makes no sense to have judges deciding complicated cases that vitally affect the lives and fortunes of litigants where lawyers for the parties may well be receiving many times the $69 to $79 per hour that Idaho judges are being paid.

A ten percent (10%) across-the-board increase for judges, in addition to any cost-of-living increase that other state employees might receive, would solve the recruiting problem. Idahoans simply can’t afford to have unqualified, bargain-basement judges deciding their future.

Jim Jones is a Vietnam combat veteran who served 8 years as Idaho Attorney General (1983-1991) and 12 years as a Justice on the Idaho Supreme Court (2005-2017). His columns are collected at JJCommonTater.com