Idaho Court of Appeals

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The Idaho Court of Appeals is the intermediate-level appellate court for the state of Idaho. The court was created by statute by the Idaho Legislature[1] and began operations in 1982.[2]


The Court of Appeals hears cases assigned to it by the Idaho Supreme Court. The only exceptions to this jurisdiction are capital murder convictions and appeals from the Idaho Public Utilities Commission and the Idaho Industrial Commission (which administers the state's workers' compensation laws[3]), which must be heard by the Supreme Court.[4]


The Court of Appeals includes four judges. Cases are heard by three-judge panels.

Position Name Appt. by Took office / Length of service Term expires Education, prior positions
Chief Judge David W. Gratton
Butch Otter
January 5, 2009
12 years, 3 months
January 2019
BSU (1982); University of Idaho College of Law (1985); intern law clerk for Judge J. Blaine Anderson, 9th Circuit Court of Appeals (1984); law clerk for Judge Harold Ryan (1985–87); private practice at Evans Keane (1987–2009).
Associate Judge Sergio A. Gutierrez
Dirk Kempthorne
January 16, 2002
19 years, 3 months
January 2021
BSU (1980); UC Hastings College of Law (1983); Idaho Legal Aide Services (1983–90); private practice at Park, Costello & Burkett (1990–91); solo practitioner (1991–93); District Judge in Canyon County, Idaho 3rd Judicial District (1993–2002).
Associate Judge Molly J. Huskey
Butch Otter
July 2, 2015
5 years, 9 months
January 2023
Idaho (1989), University of Idaho College of Law (1993); deputy public defender and deputy prosecutor for Bonneville County; State Appellate Public Defender (2002–11); District Judge in Canyon County, Idaho 3rd Judicial District (2011–15).
Associate Judge Jessica M. Lorello
Butch Otter
October 3, 2017
3 years, 6 months
January 2019
UNC Greensboro; UNC (1996); University of North Carolina School of Law (2002); private practice at Givens Pursley (2002–04); Appellate Unit in the Criminal Division at the Idaho Attorney General's Office (2004–17).

Succession of seats[edit]

Seat 1
Name Appointer Term
Jesse Walters John Evans 1/4/1982–9/2/1997
Alan Schwartzman Phil Batt 10/2/1997–1/15/2002
Sergio Gutierrez Dirk Kempthorne 1/16/2002–present
Seat 2
Name Appointer Term
Donald Burnett John Evans 1/4/1982–1/16/1990
Cathy Silak Cecil Andrus 9/1/1990–2/25/1993
Karen Lansing Cecil Andrus 6/7/1993–6/30/2015
Molly Huskey Butch Otter 7/2/2015–present
Seat 3
Name Appointer Term
Roger Swanstrom John Evans 1/4/1982–1/31/1993
Darrel Perry Cecil Andrus 8/6/1993–9/29/2009
John Melanson Butch Otter 9/30/2009–
Jessica Lorello Butch Otter October 2017–present
Seat 4
Name Appointer Term
David Gratton Butch Otter 1/5/2009–present


  1. ^ "Idaho Code, Title 1, Chapter 24". Archived from the original on 2009-04-19. Retrieved 2009-02-19.
  2. ^ Idaho Code § 1-2404
  3. ^ Homepage of the Idaho Industrial Commission
  4. ^ Idaho Code § 1-2406

External links[edit]