Monday, September 21, 2009

Judge On the Move

The Idaho Supreme Court has held that an elected district judge must establish a residence in the county where he sits within 21 days and file a confirming affidavit. The Idaho Judicial Council determined that the judge had not established his residence in the county where he sits, as required by statute. The court majority stated that the judge "must maintain his primary residence in Idaho County, that he must be an inhabitant of Idaho County, and that he must really live in Idaho County."

The court rejecting the judge's claims that the council had been prejudiced against him and that three Supreme Court justices should be recused. The judge had filed a civil suit against several of the justices. Also rejected was a claim that the judge was entitled to the identity of his accuser. The court found there was no accuser or informant and that the council had decided the case based on evidence that the judge resided in another county.

A partial dissent suggests that the judge has two residences, one of which is in Idaho County. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/09/judge-on-the-move.html

Judicial Ethics and the Courts | Permalink

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