Idaho chief justice calls for changes to court system

BOISE — Idaho’s judicial branch leaders have been warning for a long time that the court system could start seeing major problems if the state doesn’t take action to address low recruitment and retention of judges. This year, it’s proposing significant action.

Chief Justice G. Richard Bevan on Thursday told reporters that the courts are asking for a nearly 30% increase in judicial pay, more judges in some areas, and a new way of setting judicial pay in the future. It’s estimated the total cost of the requests would be around $10 million in the next fiscal year.

“We’re on a bit of a precipice in maintaining our judicial quality and excellence,” Bevan said.

Idaho’s general jurisdiction judicial pay ranks 48th lowest in the nation, and 50th for its state supreme court justices, according to the 2024 survey from the National Center for State Courts.

The state court system is also dealing with increased activity, driven by Idaho’s rapid population growth in recent years, Bevan said. Civil case filings increased 30% last year, he said.

“This growth of our state underscores a critical reality: a rapidly prosperous state,” Bevan said. “But states like Idaho with that prosperity require a highly skilled, well-educated and professional judiciary.”

The proposal would set Supreme Court justices’ salary at $215,000, which is an approximately 27% increase over their current pay. The other judges’ pay is set based on the higher courts’ pay in steps set in code. The proposal would put Court of Appeals judge pay at $207,000, district judges at $201,000 and magistrate judges at $193,000.

Unlike other state employees, whose salaries are set by their agency and the funding is allocated in their budgets, Idaho judicial pay is set in state code. Each year, a change requires a bill to change the law.

In recent years, lawmakers have sought to tie major policy changes to the bill increasing judicial pay. In 2022, the Legislature grouped judges’ pay to major changes to the Judicial Council and judge-selection process in a bill that was vetoed by the governor, leaving the judges as the only state employees without a pay increase that year.

Last year, judge pay was increased by about 3% and lawmakers added a potential retirement bonus for judges who stayed until the end of their term. Some legislators said they wanted to incentivize more elections and fewer appointments — if a judge resigns or retires before the end of their elected term, the Idaho Judicial Council provides a slate of applicants to the governor for appointment. The courts opposed the addition of a policy change to the judicial pay legislation, the Idaho Press previously reported.

To avoid politicization of the process of setting pay, Bevan is asking lawmakers to create an independent commission to recommend changes to judicial salaries in a process similar to the Citizens’ Committee on Legislative Compensation.

“This commission would hopefully act in an objective, market-based way to evaluate judges’ salaries in a way that would not resort to political and policy-based subjects that have complicated judicial compensation in the past few years,” he said.

In addition to issues with pay, some district’s judges are stretched thin.

The courts will also ask the state for a new district judge in Kootenai County, new magistrate judge in Twin Falls County, and a new district and magistrate judge in Bonneville County. They will also request court reporter positions in Kootenai and Bonneville counties.

Kootenai County has the highest level of filings per district judge in the state, according to a report provided, and judges from elsewhere in the district are traveling to Kootenai to help with case loads.

Twin Falls County hasn’t received a new judge in more than 35 years, despite significant population growth, Bevan said.

“That district is larger than some eastern states in our nation,” he said, “the judges are traveling a lot to work out in the outlying areas.”

Bevan has spoken in past years about recent challenges faced by the court system, including declining applicants for vacant positions and more judges opting to retire or resign early.

Five years ago, an average of 11 candidates would apply to each district court vacancy, Bevan said Thursday, but last fiscal year, there were an average of 4.6 applicants per opening.

There has also been a decline in applicants who have private practice experience, he said, with 21% of applicants last year having some.

“This experience is important because it augments the balance of our bench,” he said.

Bevan said he’s been in contact with the chairpersons of the House and Senate judiciary committees about these proposals, but no legislation has yet been crafted. Lawmakers are set to convene Jan. 6.

Bevan said some districts are already seeing long wait times, and that without changes, the right to a speedy remedy to legal issues is threatened in Idaho.

“This is not just about numbers on the paycheck,” he said. “It’s about ensuring Idaho’s judiciary will remain strong into the future … capable of meeting the challenges that face us in our thriving state.”

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.