High court won't hear Bradbury case

The U.S. Supreme Court Monday refused to hear an appeal over whether 2nd District Judge John H. Bradbury violated the residency requirement for his job.

The Idaho Supreme Court ordered Bradbury to make his primary home in Idaho County, instead of Nez Perce County, as required by law. Bradbury sued in federal court, challenging the residency requirement. He also said he wasn't told of the evidence against him, and that the chief judge of the Idaho Supreme Court was also chairman of the Idaho Judicial Council, which had brought the residency complaint.

Bradbury, 73, was on the campaign trail Monday and said he had not yet heard about the U.S. Supreme Court decision not to hear his appeal.

"I'm not surprised," he said, when reached by cell phone. "It was a long shot. They only take 1 percent of the cases and I'm disappointed because I think the American people deserve" to hear the issues.

Bradbury said what made his case unique is Idaho Chief Justice Daniel Eismann's involvement as chairman of the Idaho Judicial Council, which made the recommendation that Bradbury be suspended until he satisfied the residence requirement.

"It's remarkable to me that you can have a justice (who is a party in a litigation) sit in judgment of his own conduct," Bradbury said.

Bradbury filed a motion after his case was argued before the Supreme Court last July asking that Eismann disqualify himself because, in his dual role, he could not be fair and impartial.

Eismann said he was not present during the initial discussions the council had about Bradbury's residence. But he did recuse himself - stating as he did that Bradbury has retaliatory motives for insisting to know who brought the charges against him.

In announcing his candidacy for the state supreme court, Bradbury said he would not have run if the justices had left him alone to do his job as he saw fit.

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Hedberg may be contacted at

khedberg@camasnet.com or (208) 983-2326.