In the 2016 Eastern Idaho Bench Bar Conference held in Fort Hall on September 23, 2016, three federal judges from Idaho addressed current concerns.
First, Chief U.S. District Judge B. Lynn Winmill explained that, based on the current caseload, Idaho needs another federal district judge. Currently, Judge Winmill is Idaho’s sole active federal district judge. Judge Edward J. Lodge, who is 82 years old and intended to reduce his caseload after he took senior status, has continued taking on a significant—but not full—caseload.
To help illustrate the need for a new district judge, Judge Winmill compared the District of Idaho to the Eastern District of Washington, which has essentially the same caseload but six active district judges. The District of Idaho, on the other hand, has approximately 1.7 active judges: he and Judge Lodge. The workload is exhausting.
Federal funding for district courts is based on the number of judges, Judge Winmill pointed out, so having 1.7 active judges further disadvantages the District of Idaho, especially when compared to the Eastern District of Idaho. Under this financial stress, Judge Winmill laments that the District of Idaho has had to cut costs in recent years, which has included reducing staff.
Judge Winmill recognized that state district Judge David C. Nye has been nominated as a federal district judge, and he is concerned that the appointment may not come until after the upcoming presidential election, if it comes at all.
The American Bar Association is also hopeful for a decision soon and has urged the Senate to vote on 20 district judges, including nominee Judge Nye.
In comparison to the caseload burdening the federal district courts, the bankruptcy caseload is more manageable, according to bankruptcy Judge Jim D. Pappas. One reason for this lesser caseload, he explained, is that bankruptcies are moving faster through the courts.
Judge Pappas addressed concerns about who is filing bankruptcy, especially the elderly—those 55 years old and older. Why are they filing for bankruptcy? Judge Pappas believes it is a direct result of our inability to adequately address the rising cost of healthcare. He pointed out that many of the elderly filing for bankruptcy are insured, but any significant medical problem, such as illness, seems to be too much for the patient and our current healthcare system.
A second financially strained group also worries Judge Pappas. He invited members of the conference present to visit collegedebt.com, which shows some shocking numbers regarding those with student loans. As he spoke, this website showed that student loans totaled $1,444,300,695,312.29, with that number constantly ticking upward. He explained that student debts in the nation are exceeding 10% of starting salaries, which makes repaying student debt very difficult. In the legal world, he pointed out, most law graduates leave school with more than $100,000.00 in student loans.
Another troubling fact, Judge Pappas explained, is that many people are electing not to go to college because post-graduation debt and the challenge of finding gainful employment are huge deterrents. Judge Pappas was especially concerned that many people with student debt fail to obtain degrees. These people, he said, are four times more likely to default on their student loans.
Ninth Circuit Court of Appeals Judge N. Randy Smith spoke briefly about the Ninth Circuit. In 2015, of 12,000 cases before the Ninth Circuit, the United States Supreme Court only granted certiorari on 11. Following appeal, 73% of these cases were reversed, a rate better than some circuits. The Ninth Circuit was sixth in the nation in 2015, so despite being rather liberal, Judge Smith said, the Ninth Circuit has been fairly successful. However, he recognized a recent year prior to 2015 where all cases appealed to the United States Supreme Court were reversed.
Recognizing that Idaho is more conservative than the Ninth Circuit as a whole, Judge Smith said splitting up the Ninth Circuit into two circuits may not be a very good idea. Idaho, he suggested, is a strong conservative influence in the more liberal Ninth Circuit. He explained, for example, that he and Judge Winmill, among others from Idaho, have significant roles in the Ninth Circuit and help make important decisions. He also suggested that the Ninth Circuit is not as liberal as we think, but at the same time recognized he is often the sole dissenting judge in various decisions.