Month: August 2022

Distinguished Lawyer 2022

Published August 2022

William “Bill” Mauk has spent a career setting himself apart as one of Idaho’s premier trial attorneys. Bill’s practice has taken him through just about every area of practice, and as he notes, with a law degree being a “generalist degree” he has rarely shied away from clients with a challenging new cause.

Bill was born and raised in Pocatello, Idaho though he found himself journeying far beyond Idaho’s borders in his formative years of education. Bill attended the University of Southern California in the 1960s where he became heavily involved in student politics and served as student body president. He then attended Cambridge University in England and upon his return received a letter notifying him of his admission to Columbia University for the master’s program in political science.

After his first semester at Columbia, Bill took leave from his graduate studies to join the national staff of the first Earth Day in Washington, D.C. Upon returning to Columbia, he began working on a thesis project regarding the state action doctrine, arguing that students attending private universities which received public funding should be entitled to due process protections in disciplinary proceedings His many hours in the Columbia Law School library caused a pivot in his academic career. With no initial plan to be a lawyer, he finished his thesis and decided to take the LSAT.

At the time of his law school applications, Bill jokes that he ended up back in Washington D.C. due in part to the pressure of his then-girlfriend’s mother. She introduced him to a new law school opening in D.C., the Antioch School of Law, which was based on a clinical framework, rather than the traditional classroom and lecture format. In addition to core courses, one third of the academic credits involved handling real cases with real clients under faculty supervision.

He found the law fit his temperament well particularly the ability to “help people and be involved in making social change.” By the time he graduated, Bill had argued a claim before the national Board of Veteran Affairs, worked on a brief to the U.S. Circuit Court in D.C. and tried five criminal cases, including the first jury trial since the law school’s inception.

Another requirement of the law school was to participate in an internship. Bill was invited to take a job with the Clerk of the United States Supreme Court, however he turned it down – he recalls, “it was crunching numbers and doing stats. I wouldn’t have enjoyed that.” Instead, Bill contacted then U.S. Senator Frank Church who arranged an internship with the General Counsel of the Senate Interior Committee.

At the time the country was in the midst of the Arab Oil Embargo and Bill recalls he had the good fortune of working on emergency legislation, contributing background to committee hearings and supporting the Chairman during debate on the Senate floor.

For Bill, law school also brought him a wonderful love story. Bill met his wife, Susan, during law school – a fellow classmate, they were married the week before both graduated from Antioch. After graduating, they turned West and interviewed for positions in Los Angeles, Albuquerque, Portland, Denver and Boise. Bill was hired to clerk for the Honorable Alan Shepherd, then Chief Justice of the Idaho Supreme Court. Susan was hired as a Deputy Attorney General and later served as the attorney for the State Board of Education.

Bill transitioned to private practice in 1976 and has since been a partner in a succession of small, litigation-oriented firms in Boise. He is currently the senior partner at Mauk Miller & Hawkins.

Early in his career, Bill established a reputation as a skilled litigator handling four notorious first-degree murder defenses, often with his partners, Craig James, and Michael Donnelly.  The most publicized of these cases took place in a remote corner of Owyhee County where a confrontation over a poached deer between a buckaroo ranch hand and trapper, Claude Dallas, and two Fish and Game Conservation Officers escalated into a gun battle reminiscent of an Old West, leaving both officers dead and Dallas escaping across the desert, not to be apprehended for a year. After one of the longest criminal trials and jury deliberation in Idaho history, Dallas was acquitted of felony murder, but convicted of two manslaughter counts.[1]

The Dallas case became the subject of a feature article in Rolling Stone, two books and a television movie. Nonetheless, Bill resists those inclined to perceive it as defining his extensive legal career.

Among his most memorable cases Bill recalls a civil rights case ordering Ada County to remove juvenile offenders from its adult jails, the first successful gender discrimination jury trial under Idaho law – compelling Garden City to hire female police officers, two seminal Idaho cases recognizing the covenant of good faith and fair dealing in employment law and extending the claim of wrongful discharge in breach of public policy, a series of cases establishing the collective bargaining rights of Idaho firefighters, the first case requiring the Department of Water Resources to consider the public interest and environmental impacts when issuing water permits, a landmark case establishing the right of adoption by same-sex partners in Idaho, and over-turning the conviction of an inmate incarcerated for 20 years on Idaho’s death row.

Aside from his dedication to his legal practice, Bill has also committed himself to providing pro bono legal services through several truly noble causes. In 2002 he moved to New York City for six months working for a group of volunteer trial lawyers called Trial Lawyers Care, selecting and helping present the first precedent setting claims to the September 11 Victim Compensations Fund.[2]

He currently serves on the board of Idaho Legal Aid Services and as the Chair of the Access to Justice Idaho Campaign going on six years. He proudly reports that since 2014, through the generosity of Idaho lawyers, Access to Justice has raised just shy of $1.5 million dollars to support the delivery of pro bono legal services to over 10,000 Idahoans.

In the category of recreation and hobbies, Bill enjoys whitewater rafting, photography, and cycling. He lightheartedly jokes that it is always a fun adventure to take his New York wife on the rapids with him. Bill is also an avid fly fisherman and takes advantage of all that Idaho’s wilderness has to offer. Bill and Susan have two accomplished sons, two gorgeous, bright granddaughters, and one track-star grandson.

In appreciation for his distinguished career, Bill mentions three things for which he is immeasurably grateful. First, his wife, Susan. He notes, “Not simply because she’s my wife. We have had the luxury of a marriage of two lawyers lasting over 47 years, with a shared understanding of the rigors and nuances of the practice of law, as well as the law itself.”  Second, his clients: “All those who have put their faith and trust in me to handle their life changing cases.” And third, every one of the secretaries who supported his practice: “They cared about the clients, were invested in the righteousness of their claims and committed to getting a fair measure of justice.”

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[1] “Cases of the Century: Claude Dallas,” 43 ADVOCATE 22 (2002).

[2] “TLC, 9/11 and Bill Mauk,” 47 ADVOCATE 11; “A Semblance of Justice,” 57 TRIAL 9 (Sept. 2021).

Distinguished Lawyer 2022

Published August 2022

Trudy Fouser is largely acclaimed as one of Idaho’s most distinguished trial attorneys. Her legal practice and work in the courtroom have resulted in the defense, much of which has been successful, of numerous health care facilities, businesses, and professionals in over 65 civil jury trials.

Trudy is a fourth generation Idaho native, hailing from the small, rural town of Malad, Idaho. She grew up in a family of very talented siblings and had parents who pushed them all to do their very best at whatever extracurricular was the pursuit of the time – for Trudy, this meant playing the flute, piano, and guitar, taking baton lessons, tap dancing, and ballet, none of which she claims to have particularly excelled at. Trudy jokes lightheartedly that her parents eventually discovered, “well, she can talk,” and began to focus her talents on that arena. Trudy joined debate and declamation speech. She found her voice and a love for addressing audiences to persuade them of her argument.

Leaving her rural roots, Trudy pursued her undergraduate studies at Georgia State University. She graduated magna cum laude with a bachelor’s degree in journalism with an English minor. During her time in Georgia, she received the Atlanta Press Association’s Outstanding Young Journalist Award. Trudy spent some time freelancing, working for a radio station, and trying to get her articles published, but after spending this time trying to break into the market as a journalist, she realized she wasn’t making a living and switched gears to wait tables and pay the bills. Trudy remembers loving it and being a little disappointed when her friends told her they probably couldn’t do it forever.

As Trudy’s friends began thinking about what was next for them, so too did Trudy. She remembered reading about being a lawyer but recalls not knowing much about it, other than the fact that she would be able to read a lot and would be finished in three years. Knowing she had always been a good student and hoping she might enjoy the change of pace, she made the decision to apply to law school and ended up at the University of Idaho College of Law. Trudy mentions, “I enjoyed law school thoroughly, but if I would’ve thought about the bar exam, I wouldn’t have done it!”

After graduating from the College of Law with her J.D., Trudy clerked for the late Honorable Charles R. Donaldson, Chief Justice of the Idaho Supreme Court before going into private practice. After two great years at the Supreme Court, Trudy joined Elam & Burke and worked there for 17 years. As she revisits these formative years of her career, Trudy recalls her supervising attorney at the time, Carl Burke, as an amazing influence and someone with whom she worked closely in the early years of her career. He taught her what her mother would call “good manners” and to be respectful and civil even in the heat of a competition. This is a value that has served her well throughout her career. Trudy recalls many in her peer group were similarly trying to learn the ropes and pave their own ways in the courtroom.

Trudy and her husband Jack Gjording have now been married for 30 years and in 2001 became professional partners and opened Gjording Fouser.  Both her son, Taylor, and daughter, Whitney, work in their family firm; Taylor is a partner and represents clients in complex litigation ranging from malpractice to tort, and Whitney is the firm’s Strategy Manager. Her son, Chris, worked with the firm for several years before deciding to start his own successful business where he could be outside and moving. 

As she continued in her private practice, Trudy found that litigation was perfect for her and very early on decided she wanted to become an excellent trial attorney and worked incredibly hard to try to achieve that goal.  When she started as a civil trial lawyer, very few women lawyers were in the courtroom.  Even though she was told early in her career that women probably did not understand the rules of competition well enough to excel at trial work, (having not played football) she had been raised in a family that thrived on competition, so she knew she was in the right place!  With no desire to ever be a judge, Trudy intends to continue finding satisfaction mentoring and zealously advocating for her clients.

Trudy has been recognized by several organizations for her exceptional dedication to her clients throughout her career. She received the Idaho Chapter of the Federal Bar Association’s Exemplary Service Award in 2009, the Idaho State Bar Professionalism Award in 2009, and the Idaho Women Lawyers Kate Feltham Award in 2014. She was also honored as one of the Idaho Business Review’s Women of the Year in 2009.

In addition to her awards and accolades, Trudy has committed herself to the service of the legal profession. In 2004, Trudy was invited to become a fellow of the American College of Trial Lawyers. She was later invited to become an advocate of the American Board of Trial Advocates. Trudy has served as chair of the Idaho State Committee American College of Trial Lawyers from 2015 to 2016, Fourth District Bar Commissioner for the Idaho State Bar from 2013 to 2016, president of the Idaho State Bar in 2016, Ninth Circuit Lawyer Representative to the United States District & Bankruptcy Court for the District of Idaho from 2011 to 2013, president of the Idaho Chapter of the Federal Bar Association from 2006 to 2008, and a member of the board of directors for the Federal Defender Services of Idaho from 2014 to 2019. She currently sits on the board of directors for Idaho Women Lawyers and works hard to advance women in the legal profession and with the team to promote female attorneys in the judiciary.

Outside of her involvement in her practice and in the legal profession, Trudy enjoys playing tennis – “lots of tennis” – and spending time with her family. She has five grandchildren, all five years and under. With all of her children and grandchildren local to the Boise area, Trudy notes this as being one of her life’s most wonderful joys.  Trudy is an example of a female who probably did “get it all” but she could never have had both a fulfilling professional and personal life without the support of Jack.  He has cheered her on, supported every goal she set and celebrated every accomplishment, as though it were his own.

Distinguished Lawyer 2022

Published August 2022

J. Ford Elsaesser, one of Idaho’s most prominent bankruptcy gurus, found himself in a career path committed to helping businesses and individuals alike who are sorting through some of the most difficult financial situations imaginable. Though bankruptcy law was not the original plan, Ford has built a practice he finds fulfilling and one he enjoys, with no plans to retire any time soon.

Ford was born and raised in Youngstown, Ohio, a classic, rustbelt steel mill town on the Pennsylvania border where his family goes back 10 generations and where his ancestors helped develop the steel industry. Ford’s grandfather was from Switzerland, a famous goiter surgeon who worked with the Mayo brothers prior to their founding of the Mayo Clinic, and his father was an established trial lawyer. Ford attended Goddard College in Vermont graduating with his bachelor’s degree.

By then, Ford’s parents were retired and he had met and married his wife, Jean – they will celebrate their 49^th wedding anniversary this upcoming October. After his undergraduate work, Ford began working a series of dead-end jobs, everything from running a liquor store, working at a trout hatchery, and working for a used car sales lot. With his family history of professional, career-minded parents and grandparents, Ford had always considered going to law school and was finally ready to act on it. He chose the University of Idaho College of Law in 1974, “because tuition was reasonable and you’d get your residency after a year.” With no connections to Idaho at the time, Ford and Jean drove across the country to Moscow, Idaho with their dog and cat during the summer of 1975.

Ford graduated early in December of 1977 thanks to his dedication to take additional summer classes. With graduation approaching, in the fall of 1977, Ford thought on a whim that he’d ask one of his professors, Tom Cooke, if he would consider hiring an associate to work in their firm, Cooke & Lamanna, out of Priest River. Tom hired Ford before he passed the bar exam and upon his passage and admittance to the Idaho State Bar, Ford began doing general legal work until he later formed his own firm. Together with Steve Verby, Joe Jarzabeck, and one other attorney, they formed what is now Elsaesser Anerson, Chtd. in February of 1980. This is where Ford has remained ever since.

During his time at Cooke & Lamanna, Ford sort of fell into doing bankruptcy work unexpectedly. In 1978, the bankruptcy code was changed. Since Ford was already doing a good portion of the firm’s bankruptcy work out of necessity, his workload increased as he was the one expected to learn the new code. The work became more and more interesting to him and once he made the transition to his own firm, he started working almost exclusively on more complicated bankruptcy matters. In 1984, Ford was appointed as a Chapter 7 Trustee.

Later, he became heavily involved in the American Bankruptcy Institute (“ABI”). He served as chairman (immediate past president) from 2000 to 2001, and President from 1999 to 2000. He was inducted into the American College of Bankruptcy, Sixth Class, in May 1995. He received the Idaho State Bar Professionalism Award in 1999 and Idaho State Bar Pro Bono Award in 1991.

Among some of Ford’s most notable casework, he recalls his first big Chapter 11 case for Riley Creek Lumber, which later became Idaho Forest Group. Working on this in the mid-1980s, Ford was able to save the jobs of not only the people who worked in the mill, but also the jobs of the loggers who supplied the mill. This was a particularly proud moment, coupled also with his work to help the Idaho Alfalfa Seeds Growers obtain financial help through the bankruptcy process and what resulted in the passage of a bipartisan federal bill.

Throughout his career Ford has looked to many of his mentors and colleagues alike to model professionalism, integrity, and diligence of mind. Of these individuals, Ford recalls learning much from his long-time friend, even after law school, Professor James MacDonald. He also notes the inspiration of Tom Cooke and Nick Lamanna, who hired him straight out of law school. Ford mentions the work of bankruptcy judges Merlyn Young and Alfred “Bud” Hagan as being wonderful judges and role models for his career. And perhaps more than anyone, Ford notes such deep admiration for and inspiration from Dean Menard at the University of Idaho College of Law. Ford mentions, “He took the law school to a whole new level.”

When looking back on his distinguished career, Ford notes two things he finds himself most proud of. First, his work in growing the American Bankruptcy Institute. During his time serving on the board, he was responsible for membership for a portion of those years and was able to grow the membership from 3,000 members to over 12,000 members nationwide. And second, he is constantly impressed to see the accomplishments of his former students from his time teaching bankruptcy at the University of Idaho College of Law for the past 20 years. He notes the achievements of Judge Noah Hillen, who is “perhaps the youngest bankruptcy judges in the country,” and of Jason Naess, the current U.S. Trustee in Idaho. Ford mentions the satisfaction of feeling like you’ve “left a little bit of a legacy.”

Outside of his practice and the legal profession, Ford has spent many years serving members of the public and his community. He has served on the school board for Bonner County, serving as chairman for five years. He sits on the board for Bonner General Hospital in Sandpoint, having been chairman for the past 14 years. In 2001, Governor Kempthorne appointed Ford as chair of the Lakes Commission, dedicated to looking after Lake Ponderay and the other bodies of water in North Idaho. Ford has served on the Idaho Humanities Council, the Board for the Idaho Community Foundation, and the University of Idaho College of Law Advisory Board.

Ford and his wife, Jean, have three children: Matt, the eldest, lives in Helena, Montana and owns an electronic recycling and composting business; Heidi is a cancer researcher in Toronto, Ontario, having previously worked at Scripps Hospital and University of California, Los Angeles; and Katie is an attorney practicing in the family firm since graduating from the University of Idaho College of Law in 2013. On the weekends, Ford enjoys hiking with his and his daughter’s dogs, being out on the water in the summer, and skiing in the winter.

Ford would especially like to thank Jean, Matt, Heidi, and Katie for their patience and support; his long-time support staff, Lois (28 years), Naomi (20 years) and Debbie (38 years); and the Bench and Bar of Idaho that has made this a wonderful place to practice and learn over the last 44 years.