My Fight to Protect Idaho’s Legitimate Access to Courts

By Congressman Mike Simpson

Washington, D.C. – Access to the courts and fair legal representation is the backbone of the American justice system.  Unfortunately, as the legal community in Idaho well knows, our state is facing a federal judicial crisis caused by an overburdened court system that threatens access to justice.  With too many cases pending before too few federal judges and a court of appeals that is too massive and unwieldy to provide justice in a timely manner, justice for Idahoans is often delayed—and I believe justice delayed is justice denied.  For over two decades, I have worked to correct the current imbalance and ensure that Idahoans have access to a justice system that protects their legitimate rights.

I first authored legislation to divide and restructure the massive U.S. Ninth Circuit Court of Appeals into two more manageable circuits in 2001, and every Congress since then I have continued to champion the fight to make the court system in Idaho more efficient and manageable by reorganizing the Ninth Circuit and creating a needed new judgeship in Idaho.  Most recently, Representative Russ Fulcher (R-ID) and I introduced H.R. 270, the Ninth Circuit Court of Appeals Reorganization Act, and H.R. 269, to authorize an additional district judgeship for the district of Idaho, so that this important issue can be addressed during the 118^th Congress. 

When I originally took on this issue, it was clear that the Ninth Circuit’s caseload was overwhelming and its ability to hear and rule on cases was correspondingly slow.  The massive caseload resulted in unreasonable delays in court decisions and a disturbing lack of judicial continuity in many of those decisions.  This came as no surprise, given the sheer size of the Ninth Circuit, which encompasses nine states, stretches from the Arctic Circle to the Mexican border, and covers 40 percent of the land mass of the United States. 

Geographical distance contributed not only to the efficiency of justice administered, but also, according to Ninth Circuit Judges O’Scannlain (Oregon) and Tallman (Washington), to the quality of judicial decision making.  In 2005 they wrote in the Wall Street Journal that “consistent interpretation of the law by an appellate court requires a reasonably small body of judges who have the opportunity to sit and confer together frequently, and who can read, critique and, when necessary, correct each other’s decisions.  That kind of collegiality is no longer possible in a circuit of this size.”

The problems that led me to introduce this bill in 2001 have only intensified in the past 22 years.  According to U.S. Census Bureau data for 2022, today the Ninth Circuit has more than six times the population of the First Circuit Court of Appeals and carries five times the case backlog of most U.S. Appeals Courts.  Over 65 million Americans, or one in five citizens, reside in the Ninth Circuit.  Those seeking justice in the Ninth Circuit continue to find a bewilderingly slow process. 

Compounding the problem is the fact that, despite explosive population growth over the past several decades, Idaho has not received a new federal district judge since 1954.  At that time, the population of the state was only 600,000.  Today Idaho’s population is over three times that number—nearly 2 million—and we continue to be one of the fastest growing states in the nation.  As Idaho’s population continues to grow, so does the number of court cases.  Yet the number of judges in place to handle these cases remains the same.  During the twenty years I have been working on this issue, the non-partisan Judicial Conference of the United States has consistently recommended that Congress authorize a new permanent district judge in Idaho.  Creating a third judgeship is imperative to reducing the backlog within the system and providing Idahoans with easier access to federal courts.

The work of legislating can seem long and progress slow, but as time goes on, addressing this issue only becomes more important.  I am grateful that Idaho Senators Mike Crapo and Jim Risch have joined me in this fight, introducing similar legislation in the Senate to address these issues.  While the House of Representatives has acted several times over the years to recognize the need to split the Ninth Circuit court into two more reasonably sized courts, the Senate has not yet passed this legislation.  I am hopeful that this issue will finally see traction in the Senate so that it can move forward.  As we continue through this process, I remain steadfast in my long-term commitment to protect the legitimate rights of all Idahoans.

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