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News / Northwest

Idaho judge who oversaw Bryan Kohberger murder case in Moscow set to retire

By Kevin Fixler, Idaho Statesman
Published: November 13, 2024, 7:44am

BOISE, Idaho — The judge who was set to oversee the Moscow murder trial of Bryan Kohberger before he approved its move to Boise plans to retire.

Judge John Judge, of Idaho’s 2nd Judicial District in Latah County, sent a signed letter last month notifying the state of his intent, a copy of which the Idaho Statesman obtained from the state court system. Judge submitted his retirement letter a month after he granted the venue change sought by Kohberger’s defense in the University of Idaho student homicides case.

“After extensive contemplation, I have decided that it is time for me to retire,” Judge wrote in the one-page letter dated Oct. 4. “It has been a journey of hard work, challenges, life lessons, sacrifice, joy, satisfaction, and sometimes frustration and heartbreak.”

Judge, who will turn 69 years old next month, referenced in the letter his 40-year legal career, which included 24 years as a lawyer before working as a judge for 16 years. He has been in his current district judge role for the past six years, which included about 15 months spent handling Kohberger’s case.

Judge announced his last day as Jan. 17. The 2nd Judicial District opening from Judge’s departure will post to the Idaho Judicial Council vacancy page next week, Executive Director Jeff Brudie told the Statesman by phone Tuesday.

“I have done my best to follow the rule of law while never forgetting the importance of compassion and understanding of the people before me every day, their humanity and their struggles,” Judge wrote. “I will miss what judges can do for the people and the communities we serve. It has been a privilege and an honor to be a judge.”

Kohberger is accused of the November 2022 fatal stabbings of four U of I students at a house near campus in Moscow. The victims were Kaylee Goncalves, 21, of Rathdrum; Madison Mogen, 21, of Coeur d’Alene; Xana Kernodle, 20, of Post Falls; and Ethan Chapin, 20, of Mount Vernon, Washington.

Kohberger was arrested in December 2022 in Pennsylvania and flown to Idaho in early January 2023 to face the charges. Judge took over Kohberger’s case in May 2023 and played diplomat between the attorneys when he requested calm in his courtroom — as well as offering occasional levity at hearings.

Earlier this year, an expert witness for the defense said he just learned the judge in the case had a last name that sounded like he was born for the position. On cue, Judge interjected with a smirk: “Coincidence.”

‘Time is precious and limited’

Judge first appeared in the national spotlight for Kohberger’s arraignment at the Latah County Courthouse a week after a local grand jury indicted him. When Judge asked for Kohberger’s plea to four counts of first-degree murder and a count of felony burglary, Kohberger remained silent. Judge entered a not guilty plea on Kohberger’s behalf and scheduled his trial for October 2023. Judge later rescheduled Kohberger’s trial to start in June 2025.

In September, Judge granted the defense’s request for a venue change out of Moscow based on its concerns over potential local juror bias because of the case’s widespread publicity. At a hearing over the issue, Judge called the choice “probably, professionally, the most difficult decision I’ve ever had to make.”

The small courthouse in Moscow presented safety and logistical challenges to hosting the trial, Judge wrote in his decision, on top of media coverage that has been “sensationalized and prejudicial to Kohberger” and threatened his right to a fair trial.

Judge’s handling of the case, including his decision to move the trial, drew criticism from the family of at least one of the victims. On several occasions, the Goncalves family took issue with what they perceived as repeated delays to bringing the case to trial.

“The family has always felt that Judge Judge favored the defense, and it was a common theme that whatever the defense wanted or needed, they got,” the Goncalveses said in a September statement through their attorney. “If the judge knew Latah County could not handle this trial for safety reasons, not enough court clerks, logistics and lacking space, why did we waste over a year in a county he knew was not going to handle the trial?

“The only good thing about this decision is it will be Judge Judge’s last decision in this case,” the Goncalves family’s statement added.

Judge also serves as the appointed resource judge, who reviews and approves spending of public funds, in the capital murder case against Skylar Meade, which also is being defended by Anne Taylor, Kohberger’s lead attorney. Meade’s case is set for trial in February, which will likely require Judge’s support role to be reassigned with his retirement.

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In his Kohberger venue change ruling, Judge chose not to continue on with the case, and handed off selection of the trial location and judge reassignment to the Idaho Supreme Court. The justices selected Boise and Judge Steven Hippler, of Idaho’s 4th Judicial District in Ada County, for Kohberger’s high-profile case. Hippler reset the trial for later next summer, starting with jury selection on July 30, 2025.

In his retirement letter, Judge said he also chose not to apply to be a senior judge, which allows judges to stay on with a limited caseload or be assigned to cases that include a conflict of interest. Even though it was a difficult choice, “time is precious and limited,” he wrote.

“What’s most important now is being able to spend more time with my family,” Judge’s letter read. “I also hope to pursue some of my other interests, like time in the mountains and reading books that have nothing to do with the law.”

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