Hon. Theodore J. Fleming

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Judge Theodore J. Fleming was appointed to the Idaho Court of Appeals by Governor Brad Little on May 27, 2026, and was publicly sworn in on July 17, 2026.
A native Idahoan, Judge Fleming was born and raised on his family’s farm in Buhl. After high school, he attended the College of Idaho, where he earned dual bachelor’s degrees in history and religious studies, along with a minor in ancient history. He received his Juris Doctor from Oklahoma City University School of Law in 2005, where he was awarded the Ernest L. Wilkinson Award for Excellence in American Indian Law. Judge Fleming also earned a master’s degree in public administration from Boise State University in 2014.
Following law school, Judge Fleming began his legal career as a staff attorney at the Oklahoma City University Native American Legal Resource Center (NALRC). In that role, he represented Native American victims of domestic violence in state and tribal courts and served as appellate and advisory council on NALRC cases.
In 2006, Judge Fleming returned to Idaho to serve as a Canyon County Deputy Prosecuting Attorney, a position he held until 2013, when he joined his brother as a partner at Fleming Law Offices, PLLC.
Judge Fleming was appointed as an Elmore County Magistrate Judge in August 2016, where he served until September 2022. Governor Brad Little then appointed him as a Fourth Judicial District Judge, with chambers in Elmore County. During his tenure as a district judge, he presided over the Elmore County Drug and DUI Court, the Ada County Drug Court III, and served as the Boise County District Judge.
Beyond his judicial duties, Judge Fleming serves on the Law Related Education Committee and Felony Sentencing Committee. He has previously served on the Misdemeanor Training Council and the Judicial Special Projects Advisory Team for Child Protection. He is also a past president of the Third Judicial District Bar Association.
When away from the bench, Judge Fleming enjoys spending time with his family and remaining involved in his community.
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