County Attorney Cody Brower was recently appointed by Governor Brad Little to fill the seat vacated by retiring Sixth District judge Mitchell Brown, who is chambered in Soda Springs.  After serving as the county attorney in Oneida for the last seven plus years, Brower will be leaving to serve in his new capacity in November.

“I’m excited!” Brower said. “I love my job here, but I’m also really looking forward to this opportunity.”  

There are four district court judges in the sixth district, who oversee cases throughout the areas of Bannock, Bear Lake, Caribou, Franklin, Oneida, and Power counties.  Brower himself will be over Caribou, Bear Lake, and Franklin counties.  District courts handle civil cases which are valued at $10,000 and above, as well as criminal felony cases, while magistrate courts typically handle small claims, juvenile cases, child protection, child custody, family court issues and misdemeanors.

In Idaho, cases originate either with an indictment by a grand jury, or a filing by a district attorney.  “Grand juries are fairly rare in Idaho,” Brower says.  “In most cases, an officer files a report and request for charges to the office, and I determine what charges should be charged and file the criminal complaint with those charges.  At the magistrate level, the defendant has the right to have the court find that there is probable cause to proceed.  If that happens, then the trial is held bound over to the district court, which is where I’ll be hearing those cases.”

Brower discussed some of the differences between his current position and his new role.  “I really enjoy the trial aspect of it, so I’m excited to be a trial court judge.  I haven’t dealt as much with civil issues, though they have increasingly come up here.  As a district court judge, I’ll be called on to handle types of cases I haven’t had as much experience with in the past.  I feel very comfortable with the civil rules and my abilities in that area, and I am excited to take on a lot of those cases at this new level.  Certainly, I’m going to have to draw on the experience of my fellow judges, and it’ll be a lot of work to make sure I’m ready and prepared on every issue.”

Speaking about the preparation aspect of the job, Brower says “One of the benefits that a district judge has is that for a lot of the decisions they make they have a lot of time to research and prepare and ensure they come to the right decision.  There’s a lot of briefing from attorneys to help guide that.  One of the things I’m grateful for is that I’ve been able to spend a lot of time in the trial process, so I’m very familiar with the rules of evidence.  That is something that I’m glad I have experience with, since as a trial judge that’s one of the things you don’t have the same time to research.  A lot of times you’ll need to make decisions right away, in the middle of the trial.  My strengths are in the area in which I’ll have to make decisions very quickly, so I’m thankful that the areas where I have a lot of room to grow are those where I can be adequately prepared.  And I’ll put in all the time and effort and work to make sure I’m making the right decision.  And hopefully I can.”

Brower will be hearing serious criminal and civil cases.  “It can go all the way up to something like large class action lawsuits of multi-million dollar issues that can be very complex.  I’ve done a lot of the criminal aspects, so I’m very comfortable with those felony issues.  It’ll be those large civil cases that will be a challenge, but it’s a challenge I’m excited for.”  

The way the district court works, Brower will be chambered in Caribou county, but may be called upon to help handle cases in other counties throughout the whole district as well.  Other judges can also help with any cases Brower finds he has conflicts with.  

Brower will be fulfilling the remaining term of Judge Brown, after which he will seek re-election in 2026.  “I don’t have to prepare right away for an election, which is good.  When I first took this position in January of 2013, the election was 2014.  I had to prepare for the primaries right away.  I’m grateful that the appointment is going to give me a couple years to get my feet under me before I have to start worrying about that.”

One difference between serving as a prosecutor and a judge that Brower points to is the judge’s directive to correctly apply the law neutrally.  “The truth is that judges just need to do the right thing.  They need to make the right calls, and a lot of times they have to do it even knowing that the public may not like something.  It’s a different type of position where you do the right thing.  I think it’s really important that you uphold the Constitution.  You’re not subject to having to worry about public opinion as much, because you’re going to do the right thing regardless.  As a prosecuting attorney, I represent the state and the people, and the protection of society, and those issues can sometimes be in a more political vein.  A judge is non-partisan, they’re not meant to be political, and we don’t want them to be political.  And so I’m looking forward to going in there to do the proper and right thing every time by applying the law to it.”

Over the course of his time in Malad, Brower says he has not seen a big change in criminal cases.  “We have more fentanyl cases, but that’s the case everywhere.  I have seen more civil issues, though.  We’ve made a lot of changes in the county in regard to the development code, and that’s been a huge change.  As well as the new road development code, and the way the landfill works, the impact zone.  There have been a lot of positive changes over the last few years.  A lot of my time has been occupied with the civil aspect of this job, particularly in comparison with when I started.  Initially, it was a majority of criminal cases, but I’d say I now by far spend more time on civil issues.”  That increased experience with civil cases has put Brower in a good position moving forward.  His time spent researching and considering civil issues has given him much more exposure to that aspect of the law than some prosecutors encounter.  

Regarding the change to a new set of responsibilities, Brower said, “I love my job.  I love the work.  I feel like it’s an important part of our system.  I’m also looking forward to this new aspect of it though.  Being able to apply the law and make sure that the appropriate outcome happens if both parties meet their burden is an exciting change.  As a judge, it’s exciting to put aside the ‘fight’ part of the job and still be an important part of the process.  As a judge you make calls.  You’re not there to make sure one person wins or loses—you’re there to properly apply the law and provide the right outcome if people do their job.  If you see someone make a foul, you’ve got to call it.” 

According to the statute, Brower will be required to relocate to a residence within Caribou County, where he is chambered.  “It’s a big change for us.  I grew up in Liberty, Idaho, so I’m used to living in small towns.  It’s been a pleasure living here in Malad, and we’ve sure loved it.  But Soda’s a great place, too.  I grew up just thirty-five minutes from there, about ten minutes out from Montpelier.” 

Despite having some breathing room, Brower will need to secure residence in Caribou county fairly soon.  “Fortunately, I’ve got a little bit of time.  My wife is a teacher here, so we’ll be finishing out the semester.  It’s going to be an exciting change, but there are some things we’ll need to figure out.”

As he looks forward to his next chapter, Brower says, “I’m excited and nervous all at once.  It’s a scary thing because it’s an important job that really affects the lives of people.  So it comes with a lot of gravity.  I definitely feel the pressures of the importance of it, and I’m honored the governor would put his trust in me.  And I’m excited to be presiding over my home county, where I grew up.  It’s nice to be back home.”