Sandra Segal Ikuta
Milan D. Smith, Jr.
Posted on 02/18/2006 10:08:05 AM PST by new yorker 77
BOISE, Idaho -- Members of Idaho's congressional delegation say they'll fight California's two U.S. senators over their claim to a vacancy on the 9th U.S. Circuit Court of Appeals after President Bush picked an Idaho judge for the spot.
In December, Bush nominated Idaho 6th District Judge Randy Smith of Pocatello to the San Francisco-based appeals court, which covers nine Western states with a combined population of 58 million people. The court has 28 full-time judges, and its retired judges often consider cases as well.
Smith was nominated to replace Judge Stephen Trott, who moved to Idaho from California after his appointment. Trott declared senior status in December 2004 -- the equivalent of retirement for federal judges -- and since then, Idaho has not had an active judge on the court.
Another Idaho resident also has been nominated to the court. Boise attorney William G. Myers was tapped by Bush three years ago to succeed Tom Nelson, who took senior status in 2003. Myers's confirmation has been held up by threat of filibuster.
Two seats on the 9th Circuit bench is too many for a state as small as Idaho, say California Democratic Sens. Dianne Feinstein and Barbara Boxer.
"The bottom line is that Idaho, with two judges, will be vastly over-represented compared to its caseload or population," Feinstein said in a letter to Idaho Republican Sens. Mike Crapo and Larry Craig, both Republicans.
Feinstein and Boxer also asked Bush to nominate a Californian for the seat previously held by Trott.
"For more than 30 years, this judgeship has been occupied by a Californian," they said in a Dec. 15 letter to Bush, the day before Smith's nomination was announced. "Both the judicial needs of the 9th Circuit and its historical precedents dictate that this judgeship should stay in California."
Idaho has 1.4 million people. California, with 35.9 million residents, has 14 judges on the 9th Circuit.
On Wednesday, Bush nominated two California lawyers to other seats on the 9th Circuit.
The 9th Circuit does much of its work in three-judge panels. The Idaho senators say that practice gives California a 90 percent chance to have a home-state judge on a case.
Statistically, with two judges, an Idaho judge would weigh in on one in 14 decisions, on average.
Tradition holds that new judges are selected from the same state as the one creating the vacancy. But the seats technically do not belong to any state, said Steve Calandrillo, a University of Washington law professor who follows the 9th Circuit.
The seat Smith was selected for was created in 1935 and originally held by judges from Washington and Oregon. When Trott, a Virginia resident, was appointed, he chose San Francisco for his home but later moved to Idaho.
Calandrillo said while he was a clerk on the 9th Circuit, there were no complaints when Judge Margaret McKeown moved her office from Seattle to San Diego.
"That's because (Feinstein and Boxer) agreed with the politics," he said.
Calandrillo said the opposition from California could be a based on the possibility Smith would add conservative weight on the court. Smith is a former chairman of the Idaho Republican Party.
House Republicans, arguing the 9th Circuit has gotten too big to be effective, attempted last year to split it into two circuits. Opponents alleged political motives, contending Republicans were annoyed by 9th Circuit rulings, including a 2002 opinion that declared the Pledge of Allegiance unconstitutional when recited in public schools. The proposal was defeated.
Instead of breaking up the court, Feinstein asked Crapo and Craig to join her in a proposal to add seven seats to the 9th Circuit.
One judge each would be appointed from Idaho, Montana, Alaska and Hawaii -- and California would be given three additional spots. She said that would lighten the caseload of judges and give more spots to less populated states.
This story appeared in The Daily Herald on page D4.
William G. Myers, III - FILIBUSTERED - From Idaho
Sandra Segal Ikuta, 51 - Just Nominated
Milan Smith, 63 - Just Nominated
I didn't know that Circuit Court Justices were apportioned by State or population? Last time I looked ID had the same number of Senators as CA.
Sandra Segal Ikuta
Milan D. Smith, Jr.
Judge Norman Randy Smith
I flipped the middle name and first name.
http://www.co.bannock.id.us/smith.htm
Vacancies in the Federal Judiciary - 109th Congress
Feb 18, 2006
http://www.uscourts.gov/cfapps/webnovada/CF_FB_301/index.cfm?fuseaction=Reports.ViewVacancies
I hadn't heard the attempt to split it was dead. Now how in heck did we lose that battle too?
The left considers it self out of power in every branch of government, yet in reality, they're still running the show.
Future Vacancies in the Federal Judiciary - 109th Congress
Feb 18, 2006
http://www.uscourts.gov/cfapps/webnovada/CF_FB_301/index.cfm?fuseaction=Reports.ViewFuture
Correct. States should only be alloted 2 Appeals Court judges each. Then listen to those 2 witches b**ch.
The 'Rats are filibustering Myers so he can't sit on the court, but they're counting him as if he's on the court when they complain that Idaho will have two judges. Sounds like a classic case of chutzpah.
"For more than 30 years, this judgeship has been occupied by a Californian," they said in a Dec. 15 letter to Bush, the day before Smith's nomination was announced. "Both the judicial needs of the 9th Circuit and its historical precedents dictate that this judgeship should stay in California."
I'd say that their "historical precedents" are cause for not allowing judges from California to serve on the 9th circuit.
That was back when the Dems had semi-control of the Senate.
One of the issues was that one of the judges had been nominated to a seat traditionally held by judges from a different state.
The Dems did not care then. Interesting that "W" and his guys remember the situation. Wonder what Boxer and Feinstein had to say at the time about those East Coast nominations.
As they say, revenge is a dish best served cold.
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