BOISE, Idaho — A federal judge on Wednesday was removed from overseeing a case for Idaho's longest-serving death row inmate, Thomas Creech, for failing to recuse herself, the same day a new death warrant was filed against him.
On Wednesday, a three-panel judge with the 9th District Court of Appeals unanimously ruled in favor of an attorney's appeal, agreeing that U.S. District Judge Amanda Brailsford failed to recuse herself from a clemency hearing earlier this year due to her close friendship with the Ada County Prosecutor Jan Bennetts.
The court ordered Creech's case back to the District of Idaho for a new judge to be assigned. However, the decision doesn't affect the second death warrant issued for Creech, who is still scheduled to be executed on Nov. 13 at 10 a.m.
According to court documents, before the clemency hearing, attorneys representing Creech filed a motion to have Brailsford recuse herself because of the friendship stemming from when they were co-clerks on the Ninth Circuit. Brailsford denied the motion and said she had "lost touch with her."
"[A] reasonable person with knowledge of all facts of my relationship with Ms. Bennetts would not either conclude my impartiality might reasonably be questioned or perceive a significant risk that I would resolve the case on a basis other than the merits," she said, according to court documents.
However, Creech's attorneys argued they have been publically vocal about their relationship and had recused herself in 2019 after a lawsuit was filed against Bennetts because she "is a personal friend," court documents state.
The district court continued and said the attorney's complaint also alleges misconduct committed by Bennetts.
The district court firmly believes that Judge Brailsford abused her discretion in declining to rescue herself.
"The facts in this case leave us firmly convinced that the district court's failure to recuse herself was based on a clear error of law," the court document states.
The Ada County Prosecutors Office released a statement following the ruling.
"The appointment of a new judge does not change the facts. The facts support Judge Brailsford's original decision to dismiss Creech's claims about his commutation hearing. We're confident that the outcome will be the same in front of a different judge," they told KTVB over email.
