This year represents a celebration of the Idaho State Bar’s 100^th year anniversary. As part of this rolling recognition of the Bar’s impact and history, we enjoyed an article by Judge Oths in the last edition of The Advocate highlighting “the early days” of the Bar through the end of the 1930s.[i]

Our next chapter in documenting a brief history of the Idaho State Bar is to highlight a difficult time for both the Idaho State Bar as well as for many Americans: the 1940s. Unsurprisingly, the Bar’s minutes and annual meeting transcripts from this decade reflect the grave consequences of World War II and its effect on the legal profession as well as the entire State of Idaho.

Difficulties of the Decade

Throughout the 1940s the impact of World War II was a significant concern for the membership of the Idaho State Bar—influencing discussions on patriotism, legal complexities arising from wartime conditions, and the recruitment of lawyers for military service or other important public policy positions.

For example, during the opening of the annual meeting in 1940, Robert M. Terrell, who was actively serving as both a District Judge as well as the Mayor of Pocatello,[ii] where the 1940 meeting was held, recognized that attorneys could play an important role in the conflict because of their training to “observe the big and little things and from a mass of facts reach a rational conclusion.”[iii] According to Judge Terrell, the challenges that the War posed—both overseas and domestically—placed a unique and heavy responsibility upon the shoulders of judges and attorneys alike.[iv]

This theme continued throughout the first half of the decade, with former Idaho Attorney General Frank Martin delivering the 1942 annual meeting’s Keynote address asking the members of the Bar to commit to “any sacrifice necessary” and “active support” of the Country’s military forces.[vi] Mr. Martin additionally expressed that “when the war is over the making of a peace is just as important as the conduct of the war.”[vii] As part of his comments, he recognized that standing against “hatred” or “distrust among our own people” would be a necessary ingredient in that peace and the continuing greatness, progress, and “might of our America.”[viii]

Due to the ongoing challenges faced by the War, the Bar did not hold annual meetings in either 1943 or 1945. When meetings were held, several trainings were conducted to address specific legal issues posed by the War, like “Interference or Prevention of Contract Performance by War” in the 1942 annual meeting[ix] as well as presentations on the role of law in a society at war and the role of the National War Labor Board in the 1944 annual meeting.[x] At the conclusion of the War, the Secretary of the Bar—Sam Griffin of Boise—noted that 83 of the Bar’s 458 members had served or were still actively serving in the armed services.[xi]

Recurring Topics

Throughout this decade, there was also a focus on the increasing complexities in statutes and the need for modernizing and streamlining legal procedures. This included Committee work on streamlining Title search procedures[xii] and updating the rules of evidence.[xiii] The economic challenges faced by the Bar, including declining membership and financial pressures, also prompted discussions on increasing license fees and improving financial management.[xiv] At the 1944 annual meeting, these needs prompted Laurel Elam—Chairman of the Resolutions Committee—to recommend an increase in licensing fees to $10 each year.[xv]

Additionally, judicial issues were a common thread, with ongoing debates about judicial salaries, retirement, and the need for procedural reforms.[xvi] The idea of a unified court system and the role of local bar associations were frequently addressed as ways to improve legal practice and administration.[xvii] The period also saw efforts to enhance participation in Bar activities, with a focus on increasing membership and improving the effectiveness of local bar associations.[xviii]

Perhaps the most pressing recurring topic during this decade—a concern that continues to this day—was the need to increase judicial salaries to preserve the integrity of the judiciary. This topic was addressed at the annual meetings in 1944,[xix] 1946,[xx] 1947,[xxi] 1948,[xxii] and 1949.[xxiii] At the end of the decade, the salary for Justices of the Supreme Court was set by the Legislature at $7,500 and District Judge salaries were set at $6,500.[xxiv] The Bar’s President that year—R.D. Merrill of Pocatello—explained that the Bar “diligently tried to get greater increases, but this was the best we could do.”[xxv]

Conclusion

In conclusion, the 1940s marked a pivotal period in the history of the Idaho State Bar, shaped by the profound challenges of World War II. As the Bar faced the immediate consequences of the War, such as the sacrifice of many members, the complexities of wartime legal issues, and the disruption of its annual meetings, it also recognized the broader responsibilities of the legal profession in a time of crisis. During this decade, the Bar’s total membership remained largely unchanged, from 519 total members in 1940[xxvi] to 528 total members in 1949.[xxvii]

Despite these hardships, the 1940s also underscored the resilience and dedication of Idaho’s legal community, whose focus on maintaining judicial integrity, supporting public policy, and enhancing the profession laid the groundwork for the Bar’s bright future. The struggles of this era resonate in the ongoing challenges of today, reminding us of the vital role the legal community plays in navigating both times of peace and turmoil.

Kolby Reddish is the Lead Counsel for Idaho’s Division of Occupational and Professional Licenses. Kolby previously represented the Idaho Legislature, the Idaho State Tax Commission, served as a Deputy Prosecuting Attorney, and Idaho Supreme Court Law Clerk. Kolby is a current member of The Advocate Editorial Advisory Board and former chair of the Government and Public Sector Lawyers Section and of the Attorneys for Civic Education. The writing expresses the views of the author alone.

[i] Michael J. Oths, The Idaho State Bar 100th Anniversary: The Early Days, 68 The Advocate 44-49 (2025).

[ii] Former Mayor, Judge Terrell Dies, Idaho State Journal, Nov. 16, 1971, https://www.newspapers.com/article/idaho-state-journal-terrell-robert-ob/33268831/

[iii] Proceedings of the Idaho State Bar, Vol. XVI, p. 4,

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_vol_XVI_1940_1911.pdf?Content_ID=1911.

[iv] Id. at 5.

[v] Idaho State Journal, TERRELL, ROBERT – OBIT, 1971. https://www.newspapers.com/article/idaho-state-journal-terrell-robert-ob/33268831.

(accessed Jan 9, 2025).

[vi] Proceedings of the Idaho State Bar, Vol. XVIII, p. 127, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol__XVIII_1942_1886.pdf?Content_ID=1886.

[vii] Id.

[viii] Id. at 128.

[ix] Id. at 102–06.

[x] Proceedings of the Idaho State Bar, Vol. XIX, p. 94, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XIX_1944_1903.pdf?Content_ID=1903.

[xi] Proceedings of the Idaho State Bar, Vol. XX, p. 5, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XX_1946_1913.pdf?Content_ID=1913.

[xii] Proceedings of the Idaho State Bar, Vol. XVI, p. 4,

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_vol_XVI_1940_1911.pdf?Content_ID=1911.

[xiii] Proceedings of the Idaho State Bar, Vol. XVII, p. 28,

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XVII_1941_1912.pdf?Content_ID=1912.

[xiv] Proceedings of the Idaho State Bar, Vol. XIX, p. 8, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XIX_1944_1903.pdf?Content_ID=1903.

[xv] Id. at 138.

[xvi] Id. at 8.

[xvii] Proceedings of the Idaho State Bar, Vol. XXII, p. 6, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXII_1948_1915.pdf?Content_ID=1915.

[xviii]Proceedings of the Idaho State Bar, Vol. XIX, p. 122,  https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XIX_1944_1903.pdf?Content_ID=1903.

[xix] Id. at 136.

[xx] Proceedings of the Idaho State Bar, Vol. XX, p. 125.

[xxi] Proceedings of the Idaho State Bar, Vol. XXI, pp. 8, 29, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXI_1947_1914.pdf?Content_ID=1914.

[xxii] Proceedings of the Idaho State Bar, Vol. XXII, p. 28, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXII_1948_1915.pdf?Content_ID=1915.

[xxiii] Proceedings of the Idaho State Bar, Vol. XXIII, p. 6, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXIII_1949_1916.pdf?Content_ID=1916.

[xxiv] Id.

[xxv] Id.

[xxvi] Proceedings of the Idaho State Bar, Vol. XVI, p. 8, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_vol_XVI_1940_1911.pdf?Content_ID=1911.

[xxvii] Proceedings of the Idaho State Bar, Vol. XXIII, p.3, https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXIII_1949_1916.pdf?Content_ID=1916.

[xxviii] 1. WWII Army Casualties: Idaho, National Archives (2016), https://www.archives.gov/research/military/ww2/army-casualties/idaho.html (last visited Jan 9, 2025).