SCOID Sued in Federal Court

As has been reported, Second District Judge John Bradbury has sued the Justices of the Idaho Supreme Court alleging a violation of his right to due process. The suit, Bradbury v. Eismann et.al, was filed in Federal District Court, and seeks injunctive and declaratory relief.

A quick read of the complaint reveals that the lawsuit began with a dispute over whether Judge Bradbury "actually resides" in Idaho County as required by statute. The Judical Council, chaired by Chief Justice Eismann, concluded that Judge Bradbury did not and recommended that he be suspended from serving as a District Judge until he did so.

The Judge sought review of the Judical Council's recommendations before the Supreme Court. Oral argument is set for this Wednesday, July 22. Justice Horton (who very narrowly defeated Judge Bradbury in the election for the Supreme Court position) recused himself, but, according to the complaint, the Chief Justice did not. Judge Bradbury also alleges that the Supreme Court has refused to require the Judical Council to produce the evidence and explain the legal standards it used in making its recommendation.

The lawsuit seeks a declaration that the Chief Justice's participation in the appeal violates due process and that the other Justices are also disqualified because they have considered pre-hearing matters in the case with the participation of the Chief Justice. The Judge also seeks a declaration that he is "entitled to disclosure of witnesses, charging facts . . . and related documents necessary to enable [him] to mount a defense to the charges against him" and that the term "actually resides" is unconstitutionally vague. Finally, the Judge seeks an injunction preventing the Justices from taking further action on the appeal.

No hearings on the case have been set.