B. Lynn Winmill
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Barry Lynn Winmill (born March 18, 1952) is a senior
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, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
of the
United States District Court for the District of Idaho United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
.


Early life and education

Winmill was born in
Blackfoot, Idaho Blackfoot (Shoshoni language: Soo-gahni) is a city in Bingham County, Idaho. The population was 11,907 at the time of the 2019 census. The city is the county seat of Bingham County. Blackfoot boasts the largest potato industry in any one area, and ...
, and 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 Association prints ''The Fede ...
.
Winmill received a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...
degree from
Idaho State University , mottoeng = "The truth will set you free" , established = , former_names = Academy of Idaho(1901–1915)Idaho Technical Institute(1915–1927) University of Idaho—Southern Branch(1927–1947)Idaho Stat ...
(ISU) in
Pocatello Pocatello () is the county seat of and largest city in Bannock County, with a small portion on the Fort Hall Indian Reservation in neighboring Power County, in the southeastern part of the U.S. state of Idaho. It is the principal city of the P ...
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 tenu ...
'', Federal Judicial Center.
Winmill served as student body president while at ISU. Winmill earned his Juris Doctor from Harvard Law School in 1977.


Career

Winmill was in private practice in
Denver, Colorado Denver () is a consolidated city and county, the capital, and most populous city of the U.S. state of Colorado. Its population was 715,522 at the 2020 census, a 19.22% increase since 2010. It is the 19th-most populous city in the Unit ...
from 1977 to 1979, and in Pocatello, Idaho from 1979 to 1987. He was a state judge in the Idaho District Court (Sixth District) in Pocatello from 1987 to 1995, having been appointed by
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Cecil Andrus Cecil Dale Andrus (August 25, 1931 – August 24, 2017) was an American politician who served 26th and 28th governor of Idaho, for total of fourteen years. A Democrat, he also served as U.S. Secretary of the Interior from 1977 to 1981 during the ...
. From 1992 to 1995, he served as the administrative district judge for the Sixth District and chair of the state's Evidence Rules Committee. Winmill concurrently an adjunct professor at ISU (1991–1995). 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 justices. The decisions of the Idaho Supreme Court are binding on all other Idaho state courts. The only court that may reverse ...
, 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 who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
to a seat on the U.S. District Court for the District of Idaho, vacated by Harold Ryan, who assumed
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
in early 1993. The
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
'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). Winmill was confirmed by the Senate on August 11, 1995, by
voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "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 responding vo ...
. He received his commission three days later. Winmill served as
chief judge A chief judge (also known as presiding judge, president judge or principal judge) is the highest-ranking or most senior member of a lower court or circuit court with more than one judge. According to the Federal judiciary of the United States, th ...
of the U.S. District Court for the District of Idaho for 19 years, from 1999 to January 1, 2019. He assumed senior status on August 16, 2021.


Noteworthy cases

Winmill granted the
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
petition of Charles Fain, a
wrongfully convicted A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Inno ...
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, o ...
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 of arising from 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, ele ...
, 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, w ...
and
cyanide Cyanide is a naturally occurring, rapidly acting, toxic chemical that can exist in many different forms. In chemistry, a cyanide () is a chemical compound that contains a functional group. This group, known as the cyano group, consists of ...
.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 large regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. Congress established the agenc ...
." 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 an agency within the United States Department of the Interior dedicated to the management of fish, wildlife, and natural habitats. The mission of the agency is "working with othe ...
(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 and in ...
or
threatened species Threatened species are any species (including animals, plants and fungi) which are vulnerable to endangerment in the near future. Species that are threatened are sometimes characterised by the population dynamics measure of '' critical depen ...
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. In ''Animal Legal Defense Fund v. Otter'' (2015), Winmill struck down the " ag gag" law passed by the
Idaho Legislature The Idaho Legislature consists of the upper Idaho Senate and the lower Idaho House of Representatives. Idaho is divided into 35 legislative districts, which each elect one senator and two representatives. There are no term limits for either ...
in 2012, ruling that the statute—which, among other things, banned the audio or visual recording of agricultural operations—violated the
Free Speech Clause The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, th ...
of the
First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...
. In January 2018, the U.S. Court of Appeals for the Ninth Circuit upheld most of the ruling. In ''Edmo v. Idaho Department of Correction'' (2018), Winmill ruled in favor of a
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
inmate diagnosed with gender dysphoria, who challenged the state's refusal to provide
gender confirmation surgery Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a transgender or transsexual person's physical appearance and sexual characteristics to resemble those associated with their identified gender, and alle ...
. 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 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, sometimes referred to colloquially as The Y) is a private research university in Provo, Utah. It was founded in 1875 by religious leader Brigham Young and is sponsored by the Church of Jesus Christ of Latter-d ...
'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 "Big Bill" Haywood (February 4, 1869 – May 18, 1928) 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 Socialist Party of ...
.


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