This is the third article in a series of articles by members of the Idaho State Bar and Idaho Law Foundation Anniversary Committee, in celebration of the organizations’ 100^th and 50^th anniversaries, respectively.

The 1950s was an era of economic growth worldwide as nations recovered from World War II. It was known as the Golden Age of Capitalism.[1] That economic growth fueled a sense of prosperity and financed the birth of the Baby Boom (“Boomers”) generation.

Although the personal sacrifices that accompanied World War II were slowly fading in the world’s rearview mirror, the so-called Cold War between the U.S. and the Soviet Union was gaining momentum,[2] and land wars were not entirely a thing of the past with the Korean War taking place between 1950 and 1953,[3] and the First Indochina War concluding in 1954,[4] followed quickly by the beginnings of the Vietnam War in 1955.[5]

The Cuban Revolution (1953 – 1959) culminated in the defeat of Fulgencio Batista by Fidel Castro, Che Guevara, and other revolutionary forces and resulted in the creation of the first communist government in the Western hemisphere.[6]

Given the expansion of communism on America’s doorstep, there was a growing concern about the potential threat of communism within the United States, which fostered the Second Red Scare, better remembered today as McCarthyism, eponymously named after its leading zealot, Senator Joseph R. McCarthy of Wisconsin, who conducted Congressional hearings questioning the loyalties of many high-profile Americans, including within the U.S. government and the film, television, and performing arts industries.[7]

The Cold War led to a “Space Race” between the U.S. and the Soviet Union, which in turn fostered major advances in technology, notably the creation of National Aeronautics and Space Administration (“NASA”) in 1958 as the United States’ answer to the Soviet Union’s 1957 launch of Sputnik 1, the first artificial earth satellite.[8]

In the U.S., the Golden Age of Capitalism was spurred in part by the Golden Age of Television in the 1950s, as more homes acquired televisions and were enticed by sophisticated advertising campaigns to keep up with the Joneses.[9]

On the medical developments front, the 1950s saw the development of the polio vaccine, a life-changing benefit to the Baby Boomers and their progeny.

On March 2, 1955, 15-year-old Claudette Colvin became the first person arrested for refusing to give up her seat to white passengers on a Montgomery, Alabama public bus.[10] Her bravery was followed later that year by Rosa Parks who likewise refused to give up her seat on a Montgomery bus. Parks’ arrest sparked the Montgomery Bus Boycott which, in turn, launched the modern U.S. Civil Rights Movement.[11]

Finally, the decade of the 1950s was closed out with the admission of Alaska[12] and Hawai’i[13] as our 49^th and 50^th states, respectively.

Meanwhile, in Idaho:

• The National Reactor Testing Station (later becoming the Idaho National Laboratory) achieved a world first by using nuclear fission to produce electricity in 1951.[xiv] 
• The Anderson Ranch Dam was completed in 1952, enhancing water management and power generation capabilities.[xv]
• Television arrived in Idaho with KIDO-TV (now KTVB) launching in Boise on July 12, 1953.[xvi]
• A submarine reactor was tested and perfected at the National Reactor Testing Station in 1954, further solidifying Idaho’s importance in nuclear technology.[xvii]
• In 1955, Robert E. Smylie assumed office as the 24^th Governor of Idaho, marking the beginning of a transformative era in state politics. Smylie, known for his progressive policies, championed education, infrastructure, and natural resource management during his tenure.[xviii]
• The State Department of Commerce and Development was established in 1955 to promote economic growth.[xix]
• Also in 1955, the Boys of Boise scandal began with a sweeping investigation of a supposed “homosexual underground” with the arrest of three men in October 1955. The investigation broadened to encompass allegations that more than 100 young men and teenage boys had been involved in sexual acts with a ring of adult homosexual men. By the time the investigation wound down in January 1957, some 1,500 people had been questioned, 16 men faced charges, and 15 of them were sentenced to terms ranging from probation to life in prison.[xx]
• Construction of the National Interstate Highway System began in Idaho in 1956, significantly improving transportation across the state.[xxi]

Against this backdrop, the Idaho State Bar continued to gain members and traction within Idaho’s political circles. According to the minutes of the 1950 Annual Bar Conference, the Bar saw a 140 percent increase in license applicants between 1947 and 1950, thanks in large part to the post-war boom. [xxii]

The Bar’s annual meetings were held in Sun Valley each July, and consisted of many in-depth lectures on various fields of practice, with speakers traveling to Idaho from across the country. Early on the minutes of the meetings were verbatim transcripts of every syllable uttered and more than a few sexist jokes.

An example of the type of remarks that passed as humor “back in the day” was this introduction by longtime and well-regarded Commission Secretary Sam S. Griffin: “It is becoming increasingly difficult each year to re- drape and refurbish the Secretary’s report so as to make it a creature of beauty and passion. To do it this year, I have decided to follow the methods employed in a Miss America contest and give first the bust and other intriguing measurements and statistics.”[xxiii]

Speaking of Mr. Griffin, while the above quote may not reflect upon him in the best light against today’s norms, he was, as noted, very well-esteemed by his colleagues. Although he’d served as the Commission Secretary for many years, he passed away rather unexpectedly in 1952. He was eulogized at that year’s annual meeting for, among many other civic contributions to the community, being “responsible, more than any other attorney in this state, for the enactment and subsequent declaration of constitutionality of the act creating the integrated Idaho State Bar.”[xxiv]

Women Attorneys are Notably Absent

Of note in reviewing the official minutes of the Bar during the 1950s is the lack of any reference to women attorneys of the Bar during the entire decade of proceedings, with two exceptions. The first exception was a reference by then president Ralph Litton, in 1952, to the issuance of Idaho State Bar identification cards to all attorneys “at the time his or her annual license is issued.”[xxv] The second instance was a resolution proposed by Jess Hawley at the 1958 meeting to commend the pro bono work of “attorney Alice Johnson” in her capacity as editor of The Advocate for the past year.[xxvi] The occasional references to women sprinkled throughout the proceedings were typically in the context of “entertainment for the Ladies.”

The Bar—and Idaho Judges—Benefitted from Governor Smylie’s Political Savviness

Governor Robert E. Smylie was a frequent presenter at the meetings, noting in 1958—three years into his first term as governor—that it was his 12^th appearance.[xxvii] Governor Smylie was a member of the Bar and took great pride in his continuing association with the Idaho Bar long after he left the practice of law in favor of pursuing his political fortunes.

His political savviness was demonstrated in one particular meeting when he encouraged the Bar to step outside its narrow view and recognize that the recurring issue of improving judicial pay was bigger than the judiciary, noting with impressive specificity the inadequate salaries of a whole range of state office holders and agency directors. He wisely encouraged members of the Bar to reach out to other stakeholders and formulate a “bigger picture” solution to Idaho’s paltry pay scale.[xxviii]

The Bar Commission Focused on Professional Standards and Development

Throughout the 1950s, the Bar commissions focused on improving the practice of law through education. An example of this focus was evident at the annual meeting in 1950, when Resolution VI was passed encouraging the Idaho Supreme Court to eliminate what was referred to as “law office study”—an informal legal education under the tutelage of a licensed lawyer prior to applying to sit for the Bar examination.[xxix] The theme of legal education continued throughout the decade and resulted in the creation of a standing Continuing Legal Education Committee in 1955.[xxx] Initially, the need for the continuing education of licensed lawyers was viewed through the lens of “public relations” under the guidance of the American Bar Association.[xxxi]

Another recurring topic at the annual meetings of the Bar during the 1950s was that of establishing an advisory fee schedule. Much time and thought was expended debating the need for such a schedule, with the primary driver being that, according to those advocating for a fee schedule, Idaho lawyers were woefully underpaid compared to their peers in other advanced professions such as physicians.[xxxii] After many years of work by the standing committee, whose name evolved from the Committee on Uniform Fee Schedule in 1955 to the Committee on the Economics of the Practice of Law by 1959, an “Advisory Fee Schedule” was approved by resolution.[xxxiii]

In today’s light, the aspired-to fees seem incredible: $10 per hour for an attorney with up to two years of practice, up to $25 per hour for attorneys with 10 or more years of practice. For a default divorce, the recommended fee was $175, with an additional $50 for custody provisions and another $25 for property provisions. Recommended fees for a relative adoption were $100, and non-relative adoption were $125.[xxxiv]

A topic that took the better part of the decade to resolve was that of the adoption of the Idaho Rules of Civil Procedure. Various speakers were invited to the annual meetings to share their views and, in Utah’s case, their experiences with adopting and implementing the Rules in 1950.

There appeared to be much skepticism regarding the Rules and the need for the same in Idaho. As one presenter from Utah argued, in his second appearance before Idaho’s Bar in 1955, the Rules were needed to facilitate the administration of justice and end the trend of cases being decided on irrelevant technicalities.[xxxv] In addressing members of the Bar in 1956, Judge Alexander Holtzoff, U.S. District Court for the District of Columbia, argued that it was incumbent upon Idaho lawyers to rise up to the “clarion call for the improvement of the administration of justice” through the adoption of the Rules.[xxxvi] That same year, via Resolution VII, the Commission commended the proposed Rules of Civil Procedure as published by the Bobbs-Merrill Company, under the auspices of the Idaho Code Commission, for referendum approval by the members of the Bar.[xxxvii]

Idaho was Not Immune to the Red Scare

The legal profession in the 1950s was not immune to the ”Red Scare” of the Cold War between the United States and the Soviet Union. At the 1951 annual meeting, ABA President Cody Fowler appeared before members of the Bar and had this to say:

The topic did not formally resurface again, however, until the 1957 annual meeting, when attorney Ralph R. Breshears proposed a resolution stating that the country’s national security has been impaired by “many recent decisions of the United States Supreme Court.”[xxxviii] Although Mr. Breshears did not specify which decisions he believed endangered the country’s national security, it appears at least one such case that concerned him may have been Yates v. United States, 354 U.S. 298 (1957). In that case the U.S. Supreme Court affirmed the lower court’s decision that held that the First Amendment protected allegedly radical and reactionary speech unless it posed a clear and present danger.[xxxix]

Although all attorneys who commented on the proposed resolution were quick to note their personal disdain for communism, two responses particularly stood out. The first was that of Willis Moffatt who said, “If the court is to err, and perhaps they have erred, I would prefer that they err on the side of individual liberty whether it is for a communist or anarchist than to err on the side of big government and the right to put people in jail in any questionable case.”[xl]

Also of note was the comment of J. Blaine Anderson, “… we should not take any action which in any way limits the free expression of individual thought. I am not a communist, but I will say this: if any man believes in communism, I think that is his right, even in the United States, because if we limit his expression of thought, it is a short step to limitation of expression of any thoughts in this convention.”[xli]

The resolution was ultimately tabled upon the motion of Robert W. Green][xlii]:

Conclusion

            As the Minutes of the State Bar’s annual proceedings demonstrate, the 1950s saw much growth in our Bar’s membership and in its professional development. The 1950s were a time of economic prosperity and optimism nationally, and those qualities are reflected throughout the record of the Bar during this decade.

Molly O’Leary is a recently retired Boise business attorney who enjoys spending her time playing in Idaho’s backyard, often accompanied by her husband, Neil McFeeley. Molly served on the Idaho State Bar Board of Commissioners from 2010-2013, and currently serves on the Idaho Women Lawyers Board, as well as the Idaho State Bar/Idaho Law Foundation Anniversary Committee. When not out hiking, fishing, kayaking, camping, or skiing, Molly enjoys spending time with her Boise grandkids, reading, photographing, and learning French and guitar.

[1]  The 1950s ‑ American Culture & Society, HISTORY (2024), https://www.history.com/topics/cold-war/1950s (last visited Feb 7, 2025).

[2] Korean War | Combatants, Summary, Years, Map, Casualties, & Facts | Britannica, (2025), https://www.britannica.com/event/Korean-War (last visited Feb 7, 2025).

[3] Cold War | Summary, Causes, History, Years, Timeline, & Facts | Britannica, (2025), https://www.britannica.com/event/Cold-War (last visited Feb 7, 2025).

[4] Indochina wars | Vietnam, Laos, Cambodia History | Britannica, https://www.britannica.com/event/Indochina-wars (last visited Feb 7, 2025).

[5]  Vietnam War | Facts, Summary, Years, Timeline, Casualties, Combatants, & Facts | Britannica, https://www.britannica.com/event/Vietnam-War (last visited Feb 7, 2025).

[6] Cuban Revolution | Summary, Facts, Causes, Effects, & Significance | Britannica, (2025), https://www.britannica.com/event/Cuban-Revolution (last visited Feb 7, 2025).

[7] Red Scare | Definition, U.S. History, & Causes | Britannica, https://www.britannica.com/topic/Red-Scare-politics (last visited Feb 7, 2025).

[8] Sputnik, https://www.nasa.gov/history/sputnik/index.html (last visited Feb 7, 2025).

[9]  Woojin Kim, Television and American Consumerism, 208 Journal of Public Economics 104609 (2022).

[10] Claudette Colvin | Biography, Education, Bus, Rosa Parks, Childhood, & Facts | Britannica, (2025), https://www.britannica.com/biography/Claudette-Colvin (last visited Feb 7, 2025).

[11] Rosa Parks | Biography, Accomplishments, Quotes, Family, & Facts | Britannica, (2025), https://www.britannica.com/biography/Rosa-Parks (last visited Feb 7, 2025).

[12] Alaska | History, Flag, Maps, Weather, Cities, & Facts | Britannica, https://www.britannica.com/place/Alaska (last visited Feb 7, 2025).

[13] Hawaii | History, Map, Flag, & Facts | Britannica, https://www.britannica.com/place/Hawaii-state (last visited Feb 7, 2025).

[xiv] About INL, Idaho National Laboratory, https://inl.gov/about-inl/ (last visited Feb 7, 2025).

[xv]  Idaho: Anderson Ranch Dam and Powerplant (U.S. National Park Service), https://www.nps.gov/articles/idaho-anderson-ranch-dam-and-powerplant.htm (last visited Feb 7, 2025).

[xvi] KTVB 70 Anniversary Idaho first TV station | ktvb.com, https://www.ktvb.com/article/news/special-reports/ktvb-70th-anniversary/ktvb-celebrating-70th-anniversary-as-idahos-first-television-station/277-2662a686-04ec-4025-a3a2-3a9c054ebec9 (last visited Feb 7, 2025).

[xvii]  Idaho National Laboratory, INL Celebrates 70 Years of Achievements; Looks to the Future, Idaho National Laboratory (Jun. 14, 2019), https://inl.gov/community-outreach/inl-celebrates-70-years-of-achievements-looks-to-the-future/ (last visited Feb 7, 2025).

[xviii] Access Idaho, Past Governors (1890 through Present), Office of the Governor, https://gov.idaho.gov/past-governors/ (last visited Feb 7, 2025).

[xix] https://digitalatlas.cose.isu.edu/geog/historic/histtxt/hist00.htm (last visited Feb 7, 2025).

[xx] How did 1955 Boys of Boise scandal affect the city and Idaho?, Idaho Statesman (2015), https://www.idahostatesman.com/news/local/article41367867.html (last visited Feb 7, 2025).

[xxi] Maranda Obray, Idaho’s National Highway System and Functional Classification.

[xxii] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXIV, p. 5

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXIV_1950_1917.pdf?Content_ID=1917.

[xxiii] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXIV, p. 4

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXIV_1950_1917.pdf?Content_ID=1917.

[xxiv] Id. at p.11.

[xxv] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXVI, p. 17

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXVI_1952_1919.pdf?Content_ID=1919.

[xxvi] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXXII, p. 74

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXXII_1958_1925.pdf?Content_ID=1925.

[xxvii] Id. at p. 4

[xxviii] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXX, pp. 81 – 84.

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXVI_1952_1919.pdf?Content_ID=1919.

[xxix] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXIV, p. 81

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXIV_1950_1917.pdf?Content_ID=1917.

[xxx] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXVIX, pp. 79 – 82.

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXVIX_1955_1922.pdf?Content_ID=19.

[xxxi] Id. at pp. 79 – 80.

[xxxii] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXVIX, pp. 28 – 31

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXVIX_1955_1922.pdf?Content_ID=1922.

[xxxiii] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXXIII, pp. 37 – 41

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXXIII_1959_1926.pdf?Content_ID=1926.

[xxxiv] Id. at pp. 38 – 40.

[xxxv] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXVIX, pp. 15 – 28

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXVIX_1955_1922.pdf?Content_ID=1922.

[xxxvi] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXX, pp. 86 – 91

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXX_1956_1923.pdf?Content_ID=1923.

[xxxvii] Id. at p. 126.

[xxxviii] PROCEEDINGS OF THE IDAHO STATE BAR, Vol. XXXI, p. 90

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXXI_1957_1924.pdf?Content_ID=1924.

[xxxix] https://en.wikisource.org/wiki/Yates_v._United_States_(354_U.S._298)/Opinion_of_the_Court

[xl] PROCEEDINGS OF THE IDAHO STATE BAR. Vol. XXXI, p. 91

https://www.id.uscourts.gov/Content_Fetcher/index.cfml/ISB_Vol_XXXI_1957_1924.pdf?Content_ID=1924

[xli] Id. at p. 92.

[xlii] Id. at p. 94.