Peter C. Erbland

Overview

This chapter of the history of the Idaho State Bar focuses on the decade of the 1960s. As any “boomer” or student of history knows, the 60s were a time of cultural and political upheaval. The decade is marked by a nuclear showdown with Russia and three assassinations: a president, the leader of the civil rights movement and a presidential candidate. Overshadowing the decade was a growing unpopular war in Vietnam that galvanized young people to protest and reject the views of their elders and political leaders.

This article draws on historical sources to provide the reader with a picture of the Bar in the 60s. A primary source is the transcripts of the Proceedings of the Idaho State Bar. The transcripts from 1960 – 1969 show that practitioners grappled with many of the same issues that we see today, including court congestion, court reform, judicial salaries and positions, lawyer discipline and relationships with the legislature in passage of bills supported by the Bar. In contrast, much has changed since the 60s. During this decade, the profession was still almost exclusively a male (and Caucasian) membership. The number of Idaho lawyers during the 60s grew from 616 to 720. 

Topics included an expanded role for the Idaho Judicial Council in disciplining judges, a report and recommendations for teaching students of the “real threat of communism” and legal aid to indigent clients.

Not surprisingly, the leaders of the Bar and participants in these meetings were almost uniformly male Caucasians. This is surely a sign of those times. However, as chronicled in “The First 50 Women in Idaho Law” by Honorable Debora Grasham, during this decade women members of the Bar served their clients and communities with distinction, fulfilling the same professional duties as their male counterparts. During this decade, nine women were admitted to the Bar: Zoe Ann Warberg Shaub, Virginia Riley Renwick, Patricia L. McDermott, Nancy Louise Grubb Simpson, Maureen Margaret Jones Warren Meehl, Janice Elizabeth Oliver Hamilton, Beverly J. Stiburek Elder, Susan Maria Flandro, and Judith Holcombe.[ii] 

Court Reform

The topic of court reform was part of every annual meeting during the decade. The transcripts demonstrate significant efforts by well-recognized Bar members to modernize Idaho’s court system. In 1962, the legislature proposed an amendment to Section 2, Article 5 of the Idaho Constitution to create a unified court system administered by the Idaho Supreme Court. The amendment was to be voted on in the November election. At the 1962 annual meeting in July, Bar president Marcus J. Ware urged Bar members to promote the passage of this critically important amendment:

Any proposed comprehensive legislation for reform of the inferior courts will have significance only if the people adopt the pending constitutional amendments which will be on the ballot in November. The favorable influence of each lawyer in the state as well as that of the State and Local Bar Associations must be made felt among the electorate if these amendments are to pass. The adoption of these amendments may well hinge on our ability to develop and present an acceptable plan of inferior court reform . . . [iii]

The amendment passed.

Over the next several years the Bar, as well as the University of Idaho College of Law, members of the judiciary, legislators, local officials and citizen groups came together and proposed legislation to implement court reform. The proposal included the creation of the Magistrate Division as part of the District Court, the Administrative Office of the Courts, the creation of seven judicial districts, and the Idaho Judicial Council to oversee the selection, appointment and discipline of judges. 

At the 1966 annual meeting, President Edward Benoit provided this background:

About two and a half years ago when Wes Merrill of Pocatello was President and Alden Hull was Vice President and I was Junior Commissioner and following a commissioners meeting we called Justice McQuade and asked for an appointment with the Supreme Court and we met in the Chief Justice’s office and we discussed the matter of court reorganization and said that we were willing to commit some of the meager funds of the Idaho State Bar at least to get a start and the court gave us their blessing and encouragement and we thereupon prevailed upon Tom Miller and George Bell to form a two-man committee to present an initial study.[iv]

George Bell had just been named Dean of the University of Idaho Law School (in addition to his significant efforts on the issue of court reform, he is also known for guiding Idaho’s practitioners on the law of evidence.) Also present at the meeting and leading a panel on judicial reform were Bar members Harold Ryan (future U.S. District Court Judge), and Tom Miller.[v]

The legislative proposal was passed by both the House and Senate but did not survive a veto by Governor Samuelson. To overcome these gubernatorial objections, the proposed legislation was amended to allow for the appointment of magistrate judges by a magistrate commission, which remains in place today. Enabling legislation was enacted in 1969. However, it was not until 1971 that the Magistrate Division of the District Court was created.[vi] Court reform that began in earnest in the 1960s and during which the Bar had a leading role has served Idaho citizens well for more than 50 years since.

Civil Rights Era

The 1960s was the decade in which civil rights legislation became a reality. Landmark federal civil rights legislation was enacted in 1964. But, Idaho did not wait for Congress to act. Members of the Bar played a critical role in advancing the fight against racial and minority discrimination. As a result of racial discrimination experienced broadly by Idahoans of color, a multi-racial group that included people of Japanese, Native American, African, Mexican and European descent formed the Idaho Citizens Committee for Civil Rights. The Committee drafted and lobbied for a bill outlawing racial discrimination in public accommodations and employment during the 1961 legislative session.[vii]

To the great credit of the Bar, Reginald Reeves of Idaho Falls (one of only two African American Bar members at the time), and Republican Bill Roden of Boise championed the bill which passed with only minor opposition.[viii] At the time, Bill Roden served in the Senate and after leaving the legislature, became one of Idaho’s most influential lobbyists. His obituary notes that writing the first civil rights legislation for Idaho is one of the achievements he was most proud of.[ix] Reginald Reeves had a lifelong association with the military, rising to the rank of Lieutenant Colonel in the Army Reserves.[x]

Throughout the decade, members of the Bar continued to work to improve the laws protecting minorities. Senator Frank Church drew upon support from Idaho and his experience as a legislator in his efforts to help pass the federal 1964 Civil Rights Act outlawing segregation in public accommodation and employment.[xii] In the wake of Dr. Martin Luther King Jr.’s assassination in 1968, a broad coalition of Idaho citizens, including members of the Bar, pushed for strengthening of civil rights legislation at the state level. Those efforts eventually led to the creation of the Idaho Human Rights Commission in 1968. Bar members who are credited with devoting efforts to eventual passage of this legislation are Curtis Oler of Boise (the other African American attorney member of the Bar at the time) as well as Byron Johnson of Boise and Patricia McDermott of Pocatello.[xiii]

At the time, the Idaho Human Rights Commission (“IHRC”) was one of the least powerful in the nation. However, over the ensuing years the Act was amended to give it more teeth and is now relied upon by Idaho practitioners to vindicate the rights of a more expansive definition of protected persons.

Vietnam Era

The decade must also be remembered for America becoming mired in an unpopular war in Vietnam. The casualties touched the lives of many Idahoans (Idaho had 217 fatal casualties from the war)[xv]. By the late 1960s, Bar member, and by then US Senator, Frank Church became a vocal critic. While originally supporting the war effort, Church became disillusioned to the point of criticizing then President Lydon B. Johnson for keeping America involved in the war. In addressing the 1964 Gulf of Tonkin incident, Church is said to have made the following warning: “In a democracy you cannot expect the people, whose sons are being killed and who will be killed, to exercise their judgment if the truth is concealed from them.” [xvi] Frank Church’s efforts to help bring the war to a conclusion would stretch into the next decade. History has confirmed the validity of his opposition. 

Over the decade, Bar members who were called to duty served their country well. Two well-recognized Bar members who served with distinction were Jim Jones and Daniel Eismann. In the late 1960s, Jim Jones served as an artillery officer in the US Army and received several decorations, including the Army Commendation Medal and the Bronze Star.[xvii] Daniel Eismann served two consecutive tours of duty in Vietnam as a Crew Chief/Door Gunner on a Huey gunship helicopter. He was awarded two Purple Hearts and three medals for heroism.[xviii] Both eventually served as Justices of the Idaho Supreme Court.

Conclusion

The individual transcripts and historical resources alone do not tell the whole story of the Idaho State Bar in the 1960s. However, from these sources a picture emerges of dedicated, humble and hardworking practitioners who devoted themselves to improvement of society through service through the Bar as well as a deep and abiding respect for the rule of law. And the names of the participants in these proceedings, including past presidents and commissioners are themselves examples of how good lawyers view it as a privilege to devote themselves to the profession and ultimately to their clients and society.

Peter Erbland maintains a civil litigation practice at Lake City Law in Coeur d’Alene with an emphasis on the defense of individuals, business entities, insurance companies, and governmental entities in state and federal courts, both at the trial and appellate levels. He regularly serves as a mediator and arbitrator in all areas of civil disputes. Peter was awarded the Idaho State Bar’s highest honor, the Distinguished Lawyer Award, in 2018. He received his B.A. cum laude from Saint Bonaventure University and his J.D. cum laude from Gonzaga University.

[i] Proceedings of the Idaho State Bar Vol. XXXIV to Vol. XLIII.  Available on the Idaho Legal History Society pages at www.id.uscourts.gov.

[ii] Hon. Debora K. Grasham “1885-1975 The First 50 Women in Idaho Law” (2005), pp. 58-72.

[iii] Proceedings of the Idaho State Bar Vol. XXXVI, 1962, p. 117

[iv] Proceedings of the Idaho State Bar Vol. XL, 1966, p. 10

[v] Id., pp. 11-12

[vi] Becoming the Magistrate Division; Idaho Magistrate Judges Association: https://imja.idaho.gov/act-ii-reformation-19691973

[vii] African American Civil Rights in Idaho.  https://nps.gov/subjects/nationalregister/upload/100007012; Sec. E, p. 37

[viii] Id.

[ix] https://isb.idaho.gov-inmemoriam_roden

[x] https://eastidahonews.com/obituaries/reginald-ray-reeves

[xi] Obituary for Reginald Ray Reeves, East Idaho News, https://www.eastidahonews.com/obituaries/reginald-ray-reeves/ (last visited Apr 15, 2025).

[xii] African American Civil Rights in Idaho, Sec. E, pp. 40-42.

[xiii] Id., Sec. E, pp. 48-50.

[xiv] Image previously published in the Advocate. Armstrong and Ng, Byron Johnson: The Poetry of a Justice, 67 The Advocate 34 (2024).

[xv] 1. Vietnam War U.S. Military Fatal Casualty Statistics, National Archives (2016), https://www.archives.gov/research/military/vietnam-war/casualty-statistics (last visited Apr 15, 2025).

[xvi] Bumiller, Elizabeth (14 July 2010).  “Records Show Doubts on ‘64 Vietnam Crisis” https://www.nytimes.com/2010/07/15/world/asia/15vietnam.html.

[xvii] https://www.parsonsbehle.com/people/jim-jones.

[xviii] https://www.idahopress.com/special-section/salute/justice-daniel-eismann.