KTRV Fox 12 Idaho judge sues state Supreme Court
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Associated Press - July 17, 2009 9:24 PM ET
BOISE, Idaho (AP) - A district judge sued five Idaho Supreme Court justices in federal court, contending they're violating his civil rights as he fights an effort to eject him from office for not living where he was elected.
Second District Judge John H. Bradbury, who filed the U.S. District Court lawsuit on Friday, bought a house in Idaho County after his 2002 election, but also lives in a Nez Perce County house because it cuts his commute to other courts in his far-flung district.
The Idaho Judicial Council, which probes alleged judicial misconduct, contends that violates an Idaho law requiring Bradbury "actually reside at the place designated as resident chambers."
The Council wants him dismissed; there's a Supreme Court hearing on the matter next week that Bradbury wants halted.
In federal court documents, he contends due-process violations, because Supreme Court Chief Justice Daniel Eismann is also chairman of the Idaho Judicial Council, but hasn't recused himself from the case; and because Bradbury contends the residency law is "unconstitutionally vague."
The Boise Guardian, a Web site, reported on the federal lawsuit Thursday.
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