Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1911-01-05
our District Courts.

The constitution of our state as
originally adopted divided the state
into five judicial DISTRICTS power be-
ing given the legislature to increase
the number of districts as exigen-
cies demanded. At the time of its
adoption we had a population of
about $4,000. which has since increas-
ed nearly four fold. while the number
of judicial districts in the state has
only increased to eight The increase
in important litigation has been in
greater ratio than our increase In
population and the character of our
litigation assumes greater importance
as the state grows older. 1t necessar-
lily follows that our district courts
are flooded with business and orr
districts Judges are overwOrked to
such an extent as to seriously impair
their usefulness and efficiency "
is impossible to carry on the liti-
cation of the state with the district
courts constituted as they now are
so attempt to do so would probably
result in losing the services of some
of our ablest Judges. That more die
trict judges are needed to carry on
the business of this state admits of
no contradiction.
How best provide for the increase
in number? 1t was once thought
proper remedy was the election Of
a district judge for each county.
never have, nor do I now believe that
this is a practical solution of the diff
fculty To increase the number of jul
dicial districts as the litigation in
creases is not altogether satisfactory
The volume of litigation i'm the sever
al counties is an uncertain quantity
and IT is hard to tell how many new
counties will organize in the future
or when such organization will be
effected. To relieve this strain
would suggest a new departure in
our methods Section I of article 8
OF the constitution provides that 1.-The
legislature may reduce or increase
the number of districts, district judy
es and district attorneys" This pro-
vision not only enables the legisla-
ture to increase the number of iu-
dicial districts but also the number
of district judges. I believe, under
this provision Of the constitution. two
or more Judges could be elected in
any judicial district in the legisla-
ture should choose to enact a sta
tute to that effect Two judges in
each district would enable court 10
be held contemDoraneously in two
counties in the district or the Judges
could each hold court in the same
county at the same time The in
crease Of expenses would not under
this system be prOpOrtionate to the
increase in judges, and great saw
ing could thus be made TO the state
and to the county and to the coun-
ties. Under the lay as it now stands
a district judge can be assigned Ia
another district to hold certain tern
of court. Section / 2 of article OF
the constitution already provides foi
this Under the system proposed one
Of the Judges in a particular district
where the business was OvercrOwded
AS the constitution provides tw,
terms Of court at least shall be helC
in each county the creation of new
districts would lesson the OppOrtun
ity of transferring a Judge to anOth
er district without interfering will
the terms of court in his own. Diff
culties might arise on rare occasions
as to the particular duties of the dua
Judges but this can be easily provides
for
If this suggestion meets the approx
al Of the legislature. ! would advis
an act be passed increasing the mum
Der Of judges to be elected in tn
Second. Third and Fourth judicia
districts to two each. because the frs
two districts named are not only ov
er crowded with business but the.