Judge Bradbury Not In Compliance With Residency Requirement

The Court, in a 3-1 decision, with Chief Justice Eismann having recused himself, has found that District Judge Bradbury is not in compliance with the requirement that a district judge "actually reside" in the county where his/her resident chambers is located.

Judge Bradbury has a house in Grangeville, which is in the county where he has his resident chambers. He also has a house in Lewiston, where he spends most of his non-working time. The Court held that the words "actually reside" were not ambiguous and mean 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." It concluded that "The evidence in the record indicates that he has not been actually residing in Idaho County for some time and this must change."

The Court gave Judge Bradbury 21 days to establish his primary residence in Idaho County and to submit an affidavit stating that he is actually residing in Idaho County and will continue to do so for as long as he is required by law.

Bradbury v. Idaho Judicial Council,
http://www.isc.idaho.gov/opinions/Bradbury%20opn.pdf