The OffiAcial Pudblicatvion ofothe IcdahoaStatte Bae r Volume 49, No. 11 December 2006 This issue of The Advocate is sponsored by the Idaho Legal History Society December 2006 • The Advocate 3 FEATURE ARTICLES The 8 Introducing the Idaho Legal History Society Hon. Ron Bush AOfficiadl Publvicatioon of thce Idaaho Statte Be ar Hon. B. Lynn Winmill 10 The Haywood Trial MANAGING EDITOR BOARD OF Merle W. Wells Jeanne Barker COMMISSIONERS 11 John Frost Nugent EXECUTIVE DIRECTOR Jay Q. Sturgell, President Judy Austin Diane K. Minnich Thomas A. Banducci, Commissioner Terrence R. White, Commissioner 14 No Habeas Corpus for “Big Bill” EDITORIAL Andrew E. Hawes, Commissioner Hon. Byron J. Johnson ADVISORY BOARD Dwight E. Baker, Commissioner 17 Trial Judge Fremont Wood: Matthew T. Christensen ADVOCATE STAFF He Declared the Law as He Found It Stephanie T. Ebright Brad A. Goergen Jeanne S. Barker Hon. Ronald J. Wilper Managing and Production 20 Idaho Comes of Age in Matthew E. Hedberg Lorna K. Jorgensen Editor High-Profile 1907 Murder Trial Samuel B. Laugheed Email: [email protected] John F. Greenfield Kenneth J. Pedersen Robert W. Strauser 25 The Crime of the Century Scott E. Randolph Advertising Coordinator Jeffery R. Boyle Pamela J. Tarlow Senior Production Editor 34 Idaho’s New Judges in 2006 Mitchell E. Toryanski Email: Hon. Lowell D. Castleton The Hon. Mikel H. Williams [email protected] John N. Zarian www.idaho.gov/isb COLUMNS Andrew E. Hawes, 5 President’s Message, Jay Q. Sturgell Commissioner Liaison 7 Executive Director’s Report, Diane K. Minnich 30 Idaho Law Foundation, John Bush Copyright © 2006 The Idaho State Bar. The NEWS AND NOTICES editorial contents of this publication are 6 Letters to the Editor the opinions of the authors and do not 30 Idaho Law Foundation necessarily represent or reflect the policies or opinions of the Idaho State Bar. The 31 IVLP Special Thanks Advocate has the authority to edit material 32 Idaho Court of Appeals Terms submitted for publication. Appearance of an 32 Idaho Court of Appeals Oral Arguments advertisement in The Advocate does not constitute a recommendation 32 Idaho Supreme Court Oral Arguments or endorsement by The Advocate or the Idaho State Bar of the 32 Idaho Supreme Court Terms goods or services offered therein. The Idaho State Bar Editorial 33 Cases Pending Advisory Board reserves the right to reject advertising determined 37 Index to 2006 Advocate Authors not to be in keeping with the publication’s standards. 39 Of Interest The Advocate (ISSN 05154987) is published monthly, 42 Directory Updates September through June by the Idaho State Bar, 525 W. Jefferson Street, Boise, Idaho 83702. Subscriptions: Idaho State Bar members 47 Classifieds receive The Advocate as part of their annual dues payment. 50 Continuing Legal Education Nonmember subscriptions are $45 per year. Periodicals postage 51 Coming Events paid at Boise, Idaho. POSTMASTER: Send address changes to: COVER The Advocate On the Cover: McCall photographed by Assistant United P.O. Box 895 States Attorney Monte Stiles . Monte is an avid photogra - Boise, Idaho 83701 pher who specializes in wildlife and landscape photogra - phy in his spare time. You can see more of Monte’s pic - ISB C ANNED FOOD DRIVE tures on his website: www.montestilesphotography.com The staff of the Idaho State Bar/ Idaho Law Foundation is This issue of The Advocate is sponsored by the coordinating a canned food drive to help benefit the Idaho Idaho Legal History Society Food Bank. You are invited to participate by dropping off any non-perishable food items at the Bar when you attend your section meetings and CLEs, or are stopping by to pick-up or drop off video rentals. The Donation Box is right by the front door. We are collecting items from 11/15- 12/22/06. 4 The Advocate • December 2006 PRESI DEN T’S MESSAGE B E P OLITE Jay Q. Sturgell For those of you civilization; it is the best part of refine - agree without being disagreeable. There who keep track, I ment and in many ways, an art of heroic is never any reason to be rude or impolite. have a new addition beauty in the vast gallery of man's cruelty There is nothing to be gained from such to my list of Jay’s and baseness." I love that description—I behavior. "Civility costs nothing, and Famous Last Words: strive to perfect that "art of heroic beau - buys everything." - Mary Wortley "This column will ty." Montagu practically write Someone who is courteous is polite, Courtesy to the Staff–yours and oth - itself." It’s time for well-mannered, considerate, civil, and ers: I have already discussed why being my fourth column and yet, this has not chivalrous. I would like to stress three polite to the court staff is important, but written itself, nor has it accomplished areas where we should practice courtesy. this applies to all staff, not only yours, but anything else without me either. It’s act - One should always be courteous to the other attorneys’ staffs as well. If you real - ing just like that brief I should be writing court, colleagues, and to ALL staff mem - ly want to talk to the attorney, being rude and by the way, none of my briefs have bers, not only your staff, but everyone to their staff is no way to get there. ever written themselves either. (*sigh*) else’s too! Attorneys being rude on the phone ticks Back to Be Polite… . Both of my par - Courtesy to the Court: Not just in the off my wife and Case Manager, "Oh ents have always been a great example of courtroom, but to your entire out of court yeah! Like he’ll EVER get to talk to what excellent manners are. They have contacts. It means more than the judge… you!" always modeled respect and considera - I’m talking about everybody in the court And Good Grief! Be polite to your tion to everyone. Their example taught system, especially the clerks. own staff! An attorney who can’t manage me more effectively than anything else Attorneys and others who are so stu - this, astounds me. Your secretary won’t ever could. pid as to be rude to the clerks constantly work for you for long if you don’t appre - When I was a child I visited my father amaze me. The people who are clerks in ciate what s/he does for you every day. I at work, at the time he was a Major in the our court system are skilled and dedicated watch other attorneys and I judge them by Marine Corps. The drill field on the professionals. Aside from the fact that the level of their staff’s loyalty. Marine Base can be a very loud and these people deserve nothing but the best Oliver Wendell Holmes said, "Don't chaotic place as men form into platoons from those of us who are officers of the flatter yourself that friendship authorizes and companies. Amongst the yelling and court, such rude you to say dis - confusion my father seemed an oasis of behavior is foolish Courtesy is the hallmark of a true agreeable things calm. I noticed that he didn’t once yell or and self-defeating. professional. The best way to demon - to your intimates. even raise his voice. I asked him why he The clerk is the per - strate respect for the court, your peers, The nearer you wasn’t yelling, He said, "Son that’s why I son you must talk to and your clients is to be polite. come into relation have sergeants." People with real power in order to talk to or with a person, the don’t yell, nor are they rude, they don’t see the Judge. Anyone who does not more necessary do tact and courtesy need to be. appreciate how much influence and become." You know, this is important for "Courtesy is as much a mark of a gen - power these people have has never been family, friends, and most importantly tleman as courage." Theodore Roosevelt one. It is the height of folly to be less than your marriage. Don’t take people close to said—he could have been describing my polite and considerate to these people. If I you for granted. father. could give just one secret to a happy and Do not allow yourself or others to I have noticed that competent profes - successful practice it would be this: Make rationalize bad behavior by saying, "I sionals tend to radiate an aura of confi - the court clerks your friends. One of the only yell or lose my temper when I am dence, calm assurance, and dignity. They best things I did as a squeaky new attor - stressed." Whoa! If you said that it is time rarely appear out of control and are never ney was to go to each of the clerks’ to take a good hard look at yourself in the rude. As attorneys, this is the image we offices and introduce myself. I admitted mirror. What you do or say under stress is should actively cultivate. Courtesy is the to them that I knew nothing and that if the best indication of your true character - hallmark of a true professional. The best they caught sight of something of mine you need to change. Anyone can be polite way to demonstrate respect for the court, that was dumb or just plain wrong, to and gracious when it’s smooth sailing, but your peers, and your clients is to be please let me know. what really matters is how you act under polite.