Rural v. urban in judges' race
Challenger for Supreme Court seat wants to make some reforms in way judiciary operates in Idaho
By Kathy Hedberg Saturday, March 15, 2008
GRANGEVILLE - The race for the Idaho Supreme Court between 2nd District Judge John Bradbury and sitting Justice Joel Horton may boil down to the tensions between rural Idaho and Ada County.
Bradbury, 71, who has been a judge in Idaho, Clearwater and Lewis counties for six years, says the "status quo" - that is the legal profession centralized in the Boise area - has little idea what judges and lawyers have to deal with in sparsely populated areas.
"I'll guarantee you, their idea of the Second Amendment is a lot different in Boise than it is in Orofino," Bradbury said.
Rural judges must often travel long distances to hold court in various settings, while those in urban areas are within minutes of their workplaces, he added. Court services, such as specialized courts, are easily available to urban areas. But Bradbury said he had to fight tooth and nail to open the first rural mental health courts in Idaho and Clearwater counties 31/2 years ago.
Those issues, along with a deep-seated desire to reform what Bradbury sees as endemic abuses and secrecy within the judiciary are the reasons he's challenging a sitting justice.
Horton, 48, acknowledges some of the issues Bradbury brings up are worth discussing.
The problem, Horton said, is that as a justice on the state's highest court he thinks it would be inappropriate to comment on issues that have more to do with laws passed by the Legislature than with the court system.
"There are certain issues that I don't think are in the realm of what a Supreme Court justice does or ought to do and I'm not going to go spouting my opinion on these issues," Horton said. "I don't view this job as being about me or what I want. It's what my responsibility is to do the best job I can to interpret the law and follow the direction of the Legislature" in developing that law.
If Horton and Bradbury are the only two contestants for the Supreme Court seat, the election will be decided during the May 27 primary. If a third contestant jumps into the race, whichever candidate receives the most votes above 50 percent would be the winner. If no candidate wins at least 50 percent of the vote, a runoff with the top two vote-getters would move to the November general election, according to Patti Tobias, Supreme Court administrator.
Supreme Court justices run at-large and serve six-year terms, which are staggered to ensure continuity on the court.
Both Horton and Bradbury say they plan to campaign across the state during May.
Bradbury said he will take off about 30 days of vacation time to campaign "from Bonners Ferry to Rexburg."
Horton said he will not have as much time to devote to the campaign because the court has scheduled sessions in April and May.
Neither man says he is backed by special interest groups and both expect to fund their campaigns mainly from their own pockets.
Horton, however, said he has been a public servant nearly his entire career and is not wealthy.
"The truth is, you don't become wealthy enough to run one of these campaigns (working as a prosecutor or a judge). I will be looking for assistance; mainly I've turned to close friends who will help me put together a campaign."
Bradbury, who spent most of his career in private practice and said he is not running for the court because he needs the money, sees it otherwise.
"It's very difficult for a judge not to know who's supporting your campaign," Bradbury said. "I'm very uncomfortable as a judge asking for money."
Bradbury graduated from the University of Idaho and the University of Michigan law school. He is unmarried.
Horton graduated from the University of Washington and the University of Idaho law school. His wife, Carolyn Minder, is a magistrate judge in Ada County who specializes in domestic violence courts. The couple have no children.
Horton was appointed to the high court last summer by Gov. C.L. (Butch) Otter, following the resignation of former Chief Justice Linda Trout.
Bradbury said he does not know Horton and bears him no ill will. Horton said he will not attack Bradbury personally or say anything negative about him during the campaign.
"I operate under a great many constraints in a race of this sort," Horton said.
But he does not agree with Bradbury's assertion that judicial races, as well as disciplinary procedures, are intended to keep the public in the dark.
Although judicial races are few, Horton said, they're not unheard of. He said he cannot speculate on why there is not more competition in judicial elections and pointed out that in his three terms as a district judge in Ada County he ran unopposed every time.
But he disagrees with Bradbury that judicial appointments to fill vacancies on courts subvert the constitutional requirement judges be nonpartisan.
"My perception as a justice of the Supreme Court as to what the Legislature should or shouldn't do may differ from what Judge Bradbury says, but I don't view it as appropriate for a sitting justice to try to tell the Legislature what laws they ought to be passing regarding the filling of vacancies in judicial offices," Horton said.
"As a judge I never thought it was my role to dictate what the law ought to be - just to interpret it and bring clarity as much as possible."
Originally published by the Lewiston Tribune
