by Hailee N. Elledge and Cathy R. Silak

For the first time in Idaho history, the Idaho Supreme Court bench will be comprised of a majority of women. On November 6, 2023, Governor Brad Little appointed Judge Cynthia Meyer, a Kootenai County District Judge to serve on the Idaho Supreme Court, filling the vacancy left behind by Justice John Stegner.[1]  This is particularly remarkable given that as of May 2022, men nationwide held 59 percent of all state supreme court seats.[2]

In 2021, only 11 years ago, Idaho had the lowest percentage of women judges at just 12 percent.[3] In 2016, a study by the National Association of Women Judges found that Idaho was ranked one of two states without a female serving on its highest court.[4] Now only seven years later, Idaho will be just one of fourteen states with a majority of women serving on the State’s Supreme Court.[5]

The appointment of most of the female Supreme Court Justices in Idaho reflects a commitment to diversity and excellence in the highest echelons of the judiciary. Arguably, however, this great milestone in history would not have been achieved if it had not been for other female attorneys, breaking down barriers, and paving the way forward. This article explores the history and accomplishments of several remarkable Idaho women who have ascended to the Idaho state benches and federal benches, breaking barriers, and inspiring future generations.

The history of female attorneys reaching the bench is relatively recent when considering the long-standing male-dominated legal landscape. The 1970s marked a pivotal era when women began entering law schools in significant numbers, subsequently paving the way for their presence in courtrooms and, eventually, on the bench. Early female judges, such as Sandra Day O’Connor, who became the first female U.S. Supreme Court Justice in 1981, set the stage for future generations of women in the legal field.

For Idaho, it was no different. In recent years, the legal landscape in Idaho has witnessed a significant and positive transformation with the appointment of accomplished women attorneys to the state bench at all levels. Historically, the judiciary has been predominantly male, but the rise of these talented and dedicated women marks a milestone in the pursuit of gender equality within the legal profession. The inclusion of these women on the bench is not only essential for gender equality but also provides litigants with more diverse perspectives, experiences, and approaches to the interpretation of the law. Female judges contribute to a more well-rounded and comprehensive understanding of legal issues, reflecting the rich tapestry of American society. Their presence ensures that the judiciary remains relevant and responsive to the needs of a diverse citizenry.

It was only 40 short years ago that Idaho’s first female district court judge was appointed. In 1983 Deborah Bail was the first woman appointed as a District Court Judge in the state of Idaho, taking her seat on the bench only eight years after being admitted to the Idaho State Bar.[6] At the time Judge Bail was admitted to the bar she was of the first fifty female attorneys in the state of Idaho.[7] After law school at Northwestern School of Law, Judge Bail was an Assistant U.S. Attorney for the District of Idaho where she handled civil matters and prosecuted federal cases until she was appointed to the bench by Governor John V. Evans.[8]  Her appointment marked a significant milestone for women in the legal profession in the state, paving the way for future generations of female judges in Idaho. Today, there are over 30 female magistrate judges and district court judges serving on the bench of Idaho’s seven judicial districts.

1990: Idaho Appoints First Female Court of Appeals Judge

Following Judge Bail, in 1990, Idaho hit another major milestone when Cathy Silak was the first woman appointed to the Idaho Court of Appeals by Governor Cecil D. Andrus.[9] At the time of Justice Silak’s appointment, Governor Andrus emphasized the importance of including women on the bench, stating “we must provide more opportunities for women in the judicial branch of government. The overriding consideration must be, in my opinion, the quality and qualification of the nominees. I have selected on that basis.”[10] As a Judge of the Idaho Court of Appeals, Judge Silak joined Judges Jesse Walters and Roger Swanstrom.[11] Before joining the Idaho Court of Appeals, she served as an Assistant United States Attorney and became a partner at the law firm Hawley Troxell Ennis & Hawley.[12]  

1992: Idaho’s First Female Supreme Court Justice

Only two years later, Idaho again created history and took a significant stride towards diversifying the State’s highest bench. In 1992 Governor Cecil D. Andrus appointed Idaho’s District Court Judge Linda Copple Trout to the Idaho Supreme Court as the first female Supreme Court Justice for the state of Idaho and the youngest.[13] Trout was one of 13 applicants, four of whom were selected by the Idaho Judicial Council and submitted to Governor Andrus.[14] Her appointment marked a historic moment in Idaho’s legal history, breaking gender barriers in the judiciary at the highest level. Prior to taking the bench, Idaho native Justice Trout received her Juris Doctor from the University of Idaho College of Law, and practiced in private practice in Lewiston for six years.[15] Thereafter, Justice Trout was appointed as a magistrate judge and was elected a district judge for the Second Judicial District of Idaho eight years later.[16] While serving on the Idaho Supreme Court, Justice Trout was elected by the Idaho Supreme Court to be Chief Justice in 1997 and served as the Chief Justice until 2004.[17]

1993 to 2015

After being appointed to the Idaho Supreme Court, Justice Trout was joined shortly thereafter by Judge Cathy Silak who was appointed as the second female Idaho Supreme Court Justice in 1993, succeeding Justice Robert Bakes.[18] The following year, in 1994, Justice Silak’s seat was up for re-election. Silak retained her seat in a statewide election, defeating Wayne Kidwell.[19] Notably, this election was the first time in over 60 years that an Idaho Supreme Court seat had been challenged.[20] During her term, Silak became the Court’s Vice-Chief Justice in 1997, the first time any female had ever held that position. [21]

While Justice Silak retained her seat in 1994, six years later she was unseated by Dan Eismann, marking the first time in 68 years an incumbent seat was defeated.[22] From 2000 through 2007, Justice Trout served as the only female Idaho Supreme Court Justice.[23] In 2007, Justice Trout announced her retirement from the Idaho Supreme Court.[24] While Idaho had made significant strides forward in creating diversity on the Idaho Supreme Court, the Idaho Supreme Court did not have any female justices for another nine years.[25]

However, the Idaho Court of Appeals continued to push forward and encourage the representation of women on the bench. After Justice Silak left the Idaho Court of Appeals in 1993, her seat was filled by another female, Judge Karen Lansing who served until 2015. Prior to her seat on the Idaho Court of Appeals, Judge Lansing worked as an assistant city attorney for the City of Boise, after graduating from the University of Washington’s School of Law.[26] Thereafter, Judge Lansing went into private practice, joining the law firm Hawley Troxell Ennis & Hawley where she became partner.[27] On the bench, Judge Lansing would carefully craft her opinions in order to convey the reasoning for the decision and ensure the result of the case was fair and just.[28] While on the Idaho Court of Appeals, Judge Lansing authored more than 2,600 appellate decisions.[29]

2015 to Today

Following Judge Lansing’s retirement, her seat was filled by another trailblazing female. In 2015, Molly Huskey was appointed to Judge Lansing’s seat on the Idaho Court of Appeals by Governor Butch Otter.[30] Prior to her appointment, Judge Huskey served as a public defender and prosecutor in Bonneville County, Idaho and was appointed to serve as the state appellate public defender by Governor Dirk Kempthorne in 2002.[31] In 2011, Governor Otter appointed Judge Huskey to the Idaho state district court bench where she served as a district court judge for the Third Judicial District of Idaho.[32] Judge Huskey continues to serve on the Idaho Court of Appeals with her current term ending in 2029.[33]

In November of 2016, Idaho voters elected Robyn Brody to the Idaho Supreme Court, marking the first time a woman was on the state’s highest bench since Justice Trout’s retirement nine years prior.[34] Unlike her predecessors, Justice Brody was the first woman elected to the Idaho Supreme Court rather than first being appointed by the governor.[35] At the time Justice Brody was elected she was one of four candidates on the ballot during the primaries for the vacant position.[36] However, the primaries resulted in a runoff election, with Justice Brody prevailing in the general election.[37] Justice Brody is currently serving a second term after she was re-elected in May of 2022.[38] Prior to serving on the Idaho Supreme Court, Justice Brody practiced in private practice in the Magic Valley for over 20 years.[39]

Less than a year later, in 2017, Idaho again created history, when Judge Jessica Lorello was appointed to the Idaho Court of Appeals.[40] For the first time in Idaho history, two females served simultaneously on the Idaho Court of Appeals. In 2021, Judge Lorello assumed Judge Huskey’s position as the Chief Judge on the Idaho Court of Appeals.[41] Governor Butch Otter appointed Amanda Brailsford to the Idaho Court of Appeals in 2018, and at that time the Court was comprised of three female and one male judge, a first in Idaho history.[42]

In 2018, Justice Joel Horton announced his retirement from the Idaho Supreme Court. As a result of the vacancy, eleven applicants applied for his seat. For the first time in history, six of those applicants were women, three of whom were selected as finalists.[43] While a male was appointed for this vacancy, in 2021, Governor Little appointed Colleen Zahn to the Idaho Supreme Court, filling Chief Justice Roger Burdick’s seat on the bench when he retired.[44] Justice Zahn’s appointment to the Idaho Supreme Court marked the third female to be appointed to serve on the state’s highest bench, and the second time in history two female justices served at the same time. It also marked the first time in history the Idaho Judicial Council submitted all female nominees for the Idaho Supreme Court to the governor. [45]

Most recently, on November 6, 2023, Governor Little appointed District Court Judge Cynthia Meyer to the Idaho Supreme Court, creating history, as her appointment marked the first time the Idaho Supreme Court is comprised of mostly women Justices.[46] Meyer was one of four finalists recommended to Governor Little by the Idaho Judicial Council. Prior to being appointed to the Idaho Supreme Court, Meyer practiced in private practice in Northern Idaho, served as an adjunct professor at North Idaho College, and was a District Court Judge for the First Judicial District.[47]

Progress on the Federal Bench

The Idaho state courts are not the only courts undergoing a positive transformation towards gender equality on the bench. The federal bench has also witnessed the appointment of distinguished female judges. Idaho women like Candy Dale and Debora Grasham have played pivotal roles in shaping legal precedents and influencing the course of American jurisprudence. Their impact extends beyond the courtroom, inspiring future generations and reinforcing the principle that justice knows no gender.

Judge Grasham after being appointed stated “I have known and admired Judge Dale for many years. Hers are big shoes to fill, not only because she has been such an outstanding jurist but because she has broken the proverbial glass ceiling at our court, allowing people like me to dream that I could someday serve in a similar capacity.”[48] This comment reinforces the critical role these females have in our society and their impact on not only female attorneys in the state of Idaho, but also those who have yet to go to law school or take the bar.

President Biden nominated, and the United States Senate confirmed, Idaho Court of Appeals Judge Amanda Brailsford as the first woman United States District Judge for the District of Idaho, another turning point and milestone in the history of women in the Idaho Judiciary.[49]