A recent high-profile case involving Bryan Kohberger, who was charged with four counts of first degree murder and one count of burglary, highlights an important aspect of criminal defense: the change of venue request. After Kohberger’s defense team successfully argued that he could not receive a fair trial in the original location due to extensive media coverage and public bias, leading the judge to grant the request to move the trial to a different location. The court has determined the change of venue will be in Ada county with newly assigned judge, Judge Steven Hippler.
Who is Judge Steven Hippler?
Judge Steven Hippler is the Administrative District Judge for the Fourth Judicial District in Idaho, which includes Ada, Boise, Elmore, and Valley counties. He handles both administrative duties and a docket of felony cases and civil matters exceeding $10,000.
- Education and Career: Judge Hippler graduated Order of the Coif from the University of Utah College of Law in 1991. He began his judicial career when appointed to the bench by former Governor C.L. “Butch” Otter in 2013. Before his appointment, he practiced law, focusing on complex civil litigation.
- Role and Responsibilities: As the Administrative District Judge, Judge Hippler manages the district’s judicial operations, including overseeing local court-related issues and facilitating the assignment of cases among judges. He also presides over significant civil and criminal cases in Ada County, maintaining a focus on ensuring a fair and efficient judicial process.
While Judge Hippler was just assigned as the sitting Judge on this case, that assignment starts the timeline for application of Idaho Criminal Rule 25 for a motion to disqualify a Judge. Idaho Criminal Rule 25 outlines the procedure for disqualifying a judge assigned to a criminal case. Specifically, after a new judge has been assigned, the rule allows for the filing of a motion to disqualify the newly assigned judge under certain circumstances. Here are the key elements:
- Filing a Motion for Disqualification: Once a new judge is assigned to a case, either party (the defense or the prosecution) may file a motion to disqualify that judge without stating any reason. This right is typically allowed once per party.
- Timeliness: The motion to disqualify must be filed within 14 days after the party receives notice of the new judge’s assignment or before the judge has made any substantial rulings in the case. If the motion is not filed within this time frame, it may be denied.
- Automatic Disqualification: Upon the proper and timely filing of the motion, the judge is automatically disqualified from presiding over the case without needing further action or proof of bias. The case is then reassigned to another judge, usually selected randomly by the court.
- Limitations: Parties cannot repeatedly disqualify judges; generally, only one disqualification motion per side is permitted under this rule. If a party has already used their right to disqualify a judge without cause, subsequent disqualification attempts require substantial legal grounds, such as demonstrated bias or conflict of interest.
This rule ensures that parties have an opportunity to request a different judge if they believe the assigned judge may not be impartial, while balancing the need to prevent excessive delays and disruptions in judicial proceedings. Accordingly, we will not know for another two weeks whether Judge Hippler is the final arbiter of the case as either side may choose to disqualify him from presiding.
