Lynn Winmill
   HOME

TheInfoList



OR:

Barry Lynn Winmill (born March 18, 1952) is a
senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
of the
United States District Court for the District of Idaho The United States District Court for the District of Idaho (in case citations, D. Idaho) is the Federal district court whose jurisdiction comprises the state of Idaho (except for the part of the state within Yellowstone National Park, which is un ...
.


Early life and education

Born and raised in
Blackfoot, Idaho Blackfoot is a city in and the county seat of Bingham County, Idaho, United States. The population was 12,346 at the 2020 census. Blackfoot is the principal city of the Blackfoot, Idaho, Micropolitan Statistical Area, which includes Bingham C ...
, Winmill grew up on a dairy farm.Betty H. Richardson, Judicial Profile: Hon. B. Lynn Winmill Chief U.S. District Judge, District of Idaho
''The Federal Lawyer'',
Federal Bar Association The Federal Bar Association (FBA) is the primary voluntary professional organization for private and government lawyers and judges practicing and sitting in federal courts in the United States. Six times a year, the FBA prints ''The Federal Lawye ...
.
He received a
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree from
Idaho State University Idaho State University (ISU) is a Public university, public research university in Pocatello, Idaho, United States. Founded in 1901 as the Academy of Idaho, Idaho State offers more than 250 programs at its main campus in Pocatello and locations ...
(ISU) in
Pocatello Pocatello () is the county seat of and the largest city in Bannock County, with a small portion on the Fort Hall Indian Reservation in neighboring Power County, containing the city's airport. It is the principal city of the Pocatello metro ...
in 1974,B. Lynn Winmill
''
Biographical Directory of Federal Judges The ''Biographical Directory of Federal Judges'' is a publication of the Federal Judicial Center providing basic biographical information on all past and present United States federal court Article III judges (those federal judges with life te ...
'',
Federal Judicial Center The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of re ...
.
where he was student body president. Winmill earned his
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 1977.


Legal career

Following law school, Winmill was in private practice for two years in
Denver Denver ( ) is a List of municipalities in Colorado#Consolidated city and county, consolidated city and county, the List of capitals in the United States, capital and List of municipalities in Colorado, most populous city of the U.S. state of ...
,
Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
, and back in Pocatello from 1979 to 1987.


Judicial career


State judicial service

Appointed by Governor
Cecil Andrus Cecil Dale Andrus (August 25, 1931 – August 24, 2017) was an American politician who served as 26th and 28th List of Governors of Idaho, governor of Idaho, for a total of fourteen years. A Democrat, he also served as United States Secretary of ...
in 1987, Winmill was a state judge in the Idaho District Court (Sixth District) in Pocatello from 1987 to 1995. From 1992 to 1995, he served as the administrative district judge and chair of the state's Evidence Rules Committee. Winmill was concurrently an adjunct professor at ISU (1991–1995), and a finalist on three occasions for the
Idaho Supreme Court The Idaho Supreme Court is the state supreme court of Idaho and is composed of the chief justice and four associate judge, justices. The decisions of the Idaho Supreme Court are binding on all other Idaho State court (United States), state court ...
, but he was never nominated.


Federal judicial service

On May 24, 1995, Winmill was nominated by President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
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. The 
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
's
Standing Committee on the Federal Judiciary The American Bar Association (ABA) is a voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated activities are the setting ...
, which rates judicial nominees, unanimously rated Winmill as "well qualified" for the post (the committee's highest rating). Confirmed by the Senate by
voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "by live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by respondin ...
on August 11, 1995, Winmill received his commission three days later. He served as chief judge for over 19 years, from 1999 to January 1, 2019, and assumed senior status on August 16, 2021.


Noteworthy cases

Winmill granted the ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'' petition of Charles Fain, a wrongfully convicted man who spent 18 years on Idaho's death row. Winmill ordered
DNA testing Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or ...
that was previously unavailable; the new testing exonerated Fain, who was released from prison. Winmill and Fain later made joint speaking appearances. In 1999, Winmill presided over the trial of Allan Elias, a southeastern Idaho businessman, on charges arising from a 1996 incident in which Elias ordered an employee, who lacked safety training or proper
protective equipment Personal protective equipment (PPE) is protective clothing, helmets, goggles, or other garments or equipment designed to protect the wearer's body from injury or infection. The hazards addressed by protective equipment include physical, electr ...
, to clean the inside of a large tank that stored a toxic mixture of
phosphoric acid Phosphoric acid (orthophosphoric acid, monophosphoric acid or phosphoric(V) acid) is a colorless, odorless phosphorus-containing solid, and inorganic compound with the chemical formula . It is commonly encountered as an 85% aqueous solution, ...
and
cyanide In chemistry, cyanide () is an inorganic chemical compound that contains a functional group. This group, known as the cyano group, consists of a carbon atom triple-bonded to a nitrogen atom. Ionic cyanides contain the cyanide anion . This a ...
.Associated Press
Businessman Sentenced to Prison For Exposing Worker to Cyanide
Associated Press (April 30, 2000).
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 The Occupational Safety and Health Administration (OSHA; ) is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. The United States Congress established ...
." In 2000, Winmill sentenced Elias to 17 years in prison, the longest-ever sentence in the United States for an environmental crime. In ''Western Watersheds Project v. Fish and Wildlife Service'' (2007), Winmill ordered the
United States Fish and Wildlife Service The United States Fish and Wildlife Service (USFWS or FWS) is a List of federal agencies in the United States, U.S. federal government agency within the United States Department of the Interior which oversees the management of fish, wildlife, ...
(FWS) to reconsider its decision not to list the sage-grouse as an
endangered An endangered species is a species that is very likely to become extinct in the near future, either worldwide or in a particular political jurisdiction. Endangered species may be at risk due to factors such as habitat loss, poaching, inv ...
or
threatened species A threatened species is any species (including animals, plants and fungi) which is vulnerable to extinction in the near future. Species that are threatened are sometimes characterised by the population dynamics measure of ''critical depensatio ...
under the
Endangered Species Act The Endangered Species Act of 1973 (ESA; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting and conserving imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of e ...
. 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. In ''
Animal Legal Defense Fund The Animal Legal Defense Fund is an American animal law advocacy organization. Its stated mission is to protect the lives and advance the interests of animals through the legal system. It accomplishes this by filing high-impact lawsuits to pr ...
v. Otter'' (2015), Winmill struck down the "
ag gag Ag-gag laws (agricultural gag) are anti-whistleblower laws that apply within the animal agriculture industry. Popularized by Mark Bittman in an April 2011 ''The New York Times'' column (but used long before then by advocates), the term ''ag-gag'' ...
" law passed by the
Idaho Legislature The Idaho Legislature is the legislative branch of the government of the 43rd State of Idaho and is bicameral, consisting of the upper chamber of the Idaho Senate and the lower chamber of the Idaho House of Representatives. The state of Idaho ...
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 The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Cla ...
. In January 2018, the
U.S. Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * District ...
upheld most of the ruling. In ''Edmo v. Idaho Department of Correction'' (2018), Winmill ruled in favor of a
transgender A transgender (often shortened to trans) person has a gender identity different from that typically associated with the sex they were sex assignment, assigned at birth. The opposite of ''transgender'' is ''cisgender'', which describes perso ...
inmate diagnosed with
gender dysphoria Gender dysphoria (GD) is the distress a person experiences due to inconsistency between their gender identitytheir personal sense of their own genderand their sex assigned at birth. The term replaced the previous diagnostic label of gender i ...
, 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 ''Farmer v. Brennan'', 511 U.S. 825 (1994), was a case in which the Supreme Court of the United States ruled that a prison official's "deliberate indifference" to a substantial risk of serious harm to an inmate violates the cruel and unusual pun ...
to the inmate's medical needs, in violation of the
Eighth Amendment to the United States Constitution The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...
.


Personal life

Winmill is married; he and his wife Judy have four children and fourteen grandchildren. 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 Brigham Young University (BYU) is a Private education, private research university in Provo, Utah, United States. It was founded in 1875 by religious leader Brigham Young and is the flagship university of the Church Educational System sponsore ...
'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 William Dudley Haywood (February 4, 1869 – May 18, 1928), nicknamed "Big Bill", was an American labor organizer and founding member and leader of the Industrial Workers of the World (IWW) and a member of the executive committee of the Socia ...
.


Notes


References


External links

* , - {{DEFAULTSORT:Winmill, B. Lynn 1952 births 20th-century American judges 21st-century American judges Harvard Law School alumni Idaho Democrats Idaho lawyers Idaho state court judges Idaho State University alumni Idaho State University faculty Judges of the United States District Court for the District of Idaho Living people People from Blackfoot, Idaho United States district court judges appointed by Bill Clinton