B. Lynn Winmill Explained

Lynn Winmill
Office:Senior Judge of the United States District Court for the District of Idaho
Term Start:August 16, 2021
Office1:Chief Judge of the United States District Court for the District of Idaho
Term Start1:July 1999
Term End1:January 1, 2019
Predecessor1:Edward Lodge
Successor1:David Nye
Office2:Judge of the United States District Court for the District of Idaho
Appointer2:Bill Clinton
Term Start2:August 14, 1995
Term End2:August 16, 2021
Predecessor2:Harold Lyman Ryan
Successor2:Amanda Brailsford
Birth Name:Barry Lynn Winmill
Birth Date:18 March 1952
Birth Place:Blackfoot, Idaho, U.S.
Education:Idaho State University (BA)
Harvard University (JD)

Barry Lynn Winmill (born March 18, 1952) is a senior United States district judge of the United States District Court for the District of Idaho.

Early life and education

Born and raised in Blackfoot, Idaho, Winmill grew up on a dairy farm.[1] He received a Bachelor of Arts degree from Idaho State University (ISU) in Pocatello in 1974,[2] where he was student body president.[1] Winmill earned his Juris Doctor from Harvard Law School in 1977.[2]

Legal career

Following law school, Winmill was in private practice for two years in Denver, Colorado, and back in Pocatello from 1979 to 1987.[2]

Judicial career

State judicial service

Appointed by Governor Cecil Andrus in 1987,[1] Winmill was a state judge in the Idaho District Court (Sixth District) in Pocatello from 1987 to 1995.[2] From 1992 to 1995, he served as the administrative district judge and chair of the state's Evidence Rules Committee.[1]

Winmill was concurrently an adjunct professor at ISU (1991–1995), and a finalist on three occasions for the Idaho Supreme Court, but was never nominated.[3]

Federal judicial service

On May 24, 1995, Winmill was nominated by President Bill Clinton to a seat on the U.S. District Court for the District of Idaho, vacated by Judge Harold Lyman Ryan, who assumed senior status in early 1993.[3] [4] The American Bar Association's Standing Committee on the Federal Judiciary, which rates judicial nominees, unanimously rated Winmill as "well qualified" for the post (the committee's highest rating).[5]

Confirmed by the Senate by voice vote on August 11, 1995,[6] Winmill received his commission three days later.[2] He served as chief judge for over 19 years, from 1999 to January 1, 2019,[7] and assumed senior status on August 16, 2021.[2]

Noteworthy cases

Winmill granted the habeas corpus petition of Charles Fain, a wrongfully convicted man who spent 18 years on Idaho's death row. Winmill ordered DNA testing that was previously unavailable; the new testing exonerated Fain, who was released from prison.[1] Winmill and Fain later made joint speaking appearances.[1]

In 1999, Winmill presided over the trial of Allan Elias, a southeastern Idaho businessman, on charges of arising from 1996 incident in which Elias ordered an employee, who lacked safety training or proper protective equipment, to clean the inside of a large tank that stored a toxic mixture of phosphoric acid and cyanide.[8] The employee suffered severe brain damage, and Elias was convicted of "knowingly endangering the safety and health of his employees, illegally disposing of hazardous cyanide waste and making a false statement to the Occupational Safety and Health Administration."[8] In 2000, Winmill sentenced Elias to 17 years in prison, the longest-ever sentence in the United States for an environmental crime.[8] [9]

In Western Watersheds Project v. Fish and Wildlife Service (2007),[10] Winmill ordered the United States Fish and Wildlife Service (FWS) to reconsider its decision not to list the sage-grouse as an endangered or threatened species under the Endangered Species Act. In an opinion highly critical of FWS officials, Winmill singled out deputy assistant secretary Julie A. MacDonald for criticism, and held that the agency had impermissibly disregarded scientific evidence in making its decision to deny protection to the sage-grouse.[11] [12]

In Animal Legal Defense Fund v. Otter (2015), Winmill struck down the "ag gag" law passed by the Idaho Legislature in 2012, ruling that the statute - which, among other things, banned the audio or visual recording of agricultural operations - violated the Free Speech Clause of the First Amendment to the United States Constitution. In January 2018, the U.S. Court of Appeals for the Ninth Circuit upheld most of the ruling.[13] [14] [15]

In Edmo v. Idaho Department of Correction (2018), Winmill ruled in favor of a transgender inmate diagnosed with gender dysphoria, who challenged the state's refusal to provide gender confirmation surgery. Winmill ruled that the state's disregard of the "generally accepted medical standards for the treatment of gender dysphoria" constituted deliberate indifference to the inmate's medical needs, in violation of the Eighth Amendment to the United States Constitution.[16] [17]

Personal life

Winmill is married; he and his wife Judy have four children and fourteen grandchildren.[1] He has served as a member of the board of the Idaho Humanities Council; as a member of the Board of Visitors of Brigham Young University's J. Reuben Clark Law School; and as a co-founder of the Idaho Legal History Society, which sponsored the performance of an original play marking the hundredth anniversary of the high-profile trial of Big Bill Haywood.[1]

External links

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Notes and References

  1. http://www.fedbar.org/PDFs/Past-Judicial-Profiles/Ninth-Circuit_1/Winmill-Hon-B-Lynn.aspx Betty H. Richardson, Judicial Profile: Hon. B. Lynn Winmill Chief U.S. District Judge, District of Idaho
  2. https://www.fjc.gov/node/1389946 B. Lynn Winmill
  3. News: Pocatello judge confirmed as new federal justice . Lewiston Morning Tribune . (Idaho) . Associated Press . August 12, 1995 . 7A .
  4. News: Idaho judge nominated for federal bench . Deseret News . (Salt Lake City, Utah) . Associated Press . April 10, 1995 . A10 .
  5. https://www.americanbar.org/content/dam/aba/migrated/2011_build/federal_judiciary/ratings104.pdf Ratings of Article III Judicial Nominees, 104rd Congress (1995-1996)
  6. https://www.congress.gov/nomination/104th-congress/412 PN412 — B. Lynn Winmill — The Judiciary
  7. Demi Harris, Chief Judges to step down after a combined 33 years of service (December 21, 2018),
  8. Associated Press, Businessman Sentenced to Prison For Exposing Worker to Cyanide, Associated Press (April 30, 2000).
  9. Virginia Sutcliffe, Idaho Man Given Longest-Ever Sentence for Environmental Crime, EHS Today (May 3, 2000).
  10. Western Watersheds Project v. Fish & Wildlife Service, 535 F. Supp. 2d 1173 (D. Idaho 2007).
  11. Rebecca Boone, Judge orders sage grouse protections reconsidered, Associated Press (December 5, 2007).
  12. https://www.nytimes.com/2007/12/15/opinion/15sat4.html Bird in the Brush
  13. Mateusz Perkowski, 9th Circuit strikes down most of Idaho's 'ag gag' law, Capital Press (January 4, 2018).
  14. Dan Flynn, Split decision on Idaho's Ag-Gag Law Might Extend Beyond Agriculture, Food Safety News (January 5, 2018).
  15. Animal Legal Defense Fund v. Otter, 118 F. Supp. 3d 1195 (D. Idaho 2015), affirmed in part and reversed in part sub nom. Animal Legal Defense Fund v. Wasden, 878 F.3d 1184 (9th Cir. 2018).
  16. Web site: Tommy Simmons. State Ordered to Pay for Surgery for Transgender Prison Inmate. Idaho State Journal. December 14, 2018.
  17. Web site: Case Summary & History: Adree Edmo v. Idaho Department of Correction et al.. National Center for Lesbian Rights.