Idaho Press Club https://idahopressclub.org Dedicated to improving journalism in Idaho Fri, 03 Jan 2020 18:06:19 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 https://idahopressclub.org/wp-content/uploads/2022/12/idaho-1-150x150.png Idaho Press Club https://idahopressclub.org 32 32 President’s column: A significant win for public records in Idaho https://idahopressclub.org/presidents-column-a-significant-win-for-public-records-in-idaho/ Fri, 03 Jan 2020 18:04:56 +0000 https://idahopressclub.org/?p=3002 By Betsy Russell

The Idaho Press Club has won a significant legal ruling in our lawsuit against Ada County, the state’s largest county, over its non-compliance with the Idaho Public Records Act.

We sued, with the support of numerous news organizations in Idaho, and we won. In a sharply worded 31-page ruling, 4th District Judge Deborah Bail found that the county “not only did not follow the Idaho Public Records Act, it acted as though a different Act had been enacted – a reverse image of Idaho law.”

Idaho law states that that all public records are presumed to be open and available to the public unless a specific, statutory exemption exempts them from disclosure. It sets strict timelines for compliance, and strict standards about the charging of fees. Ada County, instead, has had a pattern and practice, the lawsuit showed, of presuming that all records are closed if they could possibly affect an array of broad concerns including “privacy,” “deliberative process,” “attorney-client,” “personnel,” and so forth – without reference to any of the more than 100 specific exemptions in the law. Its approach, in the judge’s words, “emphasized delay, unsupportable interpretations of privilege and secrecy.”

It’s not that the elected Ada County officials, from the commissioners to the sheriff, have necessarily been purposely attempting to evade the public records law. Instead, it’s the county prosecuting attorney’s office, which acts as the in-house counsel for the county and its elected officials, that has been operating under a fundamental misunderstanding of the law, and has been enforcing that misunderstanding in all its legal advice to our elected officials, leading them to violate the law over and over again.

This ruling should mark the end of those practices. County commissioners, in their reactions to the ruling, have emphasized that they want to be open and transparent, and that they plan additional training and review of their practices in regard to the Idaho Public Records Act. That training and review clearly needs to extend to the office of Ada County Prosecutor Jan Bennetts, an elected official who has overseen all of this faulty legal work.

“The Court finds that the evidence is overwhelming that public records were improperly and frivolously withheld,” the judge wrote. “The Idaho Press Club is the prevailing party and is entitled to its attorney fees and costs. … The documents must be supplied forthwith.”

The documents in question, which had been requested by four different reporters with three different news organizations, have now been turned over in their full, unredacted form. And we learned some very interesting things from those documents; please see the article in this issue of the Communicator from IPC Vice President and 1st Amendment Committee Chair Melissa Davlin for more on that.

County commissioners voted 2-1 against appealing the ruling to the Idaho Supreme Court, so this ruling is the final word in this case.

Here are some of the main points from the judge’s ruling:

The law means what it says. “The right of the public to know, in depth, how its public servants handle the public’s business is embodied in the Idaho Public Records Act,” Judge Bail wrote. “It gives the public broad access to the public records of Idaho government at every level, in every form – from state, to county, to city, to every type of commission and board. Public records are presumed to be open at all reasonable times for inspection by the public.” Governmental agencies have the burden of proving that a requested record falls under a specific exemption and therefore shouldn’t be released, and the exemptions in the law are to be narrowly construed.

Requests must be granted or denied within three working days; if the agency needs more time to “locate or retrieve” the record, it must notify the requester in writing that it will provide the record within 10 working days. Under certain circumstances, the agency can work out a mutually agreed upon extension beyond the 10 days, but it can’t legally do so unilaterally.

As far as fees, the first two hours of labor and the first 100 pages must be provided at no charge. Thereafter, fees are limited to actual costs, and may be waived. The only recourse under the law when records have been improperly denied is to go to court, which is what the Idaho Press Club did.

Ada County threw up a number of procedural defenses to the Press Club’s lawsuit, including that the Press Club lacked standing to sue, that we improperly named the county rather than individual officials as the defendants, and that each of the four reporters should have sued separately. All were found entirely without merit by the court.

Then, the county claimed “vague denials for ‘attorney-client privilege,’ ‘personnel information,’ ‘privacy,’ and ‘deliberative process’” that “do not satisfy Ada County’s burden under the Idaho Public Records Act,” the judge wrote.

Attorney-client privilege. Citing a 1908 Idaho Supreme Court case, the judge found that attorney-client privilege applies to “confidential communications between the public attorney and the public agency client for the purpose of giving or receiving legal advice,” such as entering contracts or assessing the agency’s legal position in litigation. But it “should be narrowly construed in the context of public agencies,” she found. If public agency lawyers are doing something other than providing legal advice – like performing administrative or clerical functions involving responding to public records requests – their work isn’t privileged. Also, the judge noted that public attorney’s names aren’t privileged against public disclosure.

Personnel information. “Ada County’s generic claim of ‘Personnel’ as a basis for non-disclosure without reference to a specific statutory exemption is a violation” of the Idaho Public Records Act, the judge found. The names of public employees and their positions are not exempt from disclosure under the act, she wrote. Exemptions in the law are specific to such matters as birth date, social security number, applications, testing and scoring materials, grievances and performance evaluations. “None of them apply,” the judge found.

“Privacy.” The law does contain an array of specific exemptions regarding privacy concerns, the judge noted, such as making juvenile records largely exempt, protecting the physical address of crime victims or law enforcement officers from release even when they appear in otherwise public documents, and exempting from public release information on which books a patron checked out from a public library. Ada County argued, in this case, that it had to go further to protect privacy or it might get sued. But the judge found that argument “not persuasive” because the Public Records Act specifically grants agencies immunity if they inadvertently disclose something private while attempting in good faith to comply with the Public Records Act. “There is no basis for this Court to adopt the amorphous privacy exemption argued for by Ada County,” Judge Bail wrote; it “has no basis in any specific exemption or anywhere else in Idaho law.”

Plus, the judge noted, “A broad, standard-less interpretation of IC 74-104(1) would negate the entire Act.” She added, “Ada County’s approach to this particular issue where it even deleted the reporter’s own email address and emails asking about the status of their public records request because of ‘Privacy’ is so lacking in good faith that it is striking.”

Deliberative process. “A considerable number of records were withheld because of Ada County’s assertion of a ‘Deliberative Process Privilege,’” Judge Bail wrote. But there is no such privilege in Idaho’s law. The 1988 federal Freedom of Information Act contains such a privilege with regard to certain federal records, and it’s led to “considerable litigation” there, but it’s the Idaho Public Records Act that governs state and local records in Idaho. “Since the deliberative process privilege has been a part of the federal Freedom of Information Act since 1988, the Legislature’s decision not to include it in the Idaho Public Records Act is significant,” the judge found. “Had they wanted to include the privilege, they could have done so. … There is no deliberative process privilege in the Idaho Public Records Act. This court declines the invitation to make one up. Idaho has opted for greater transparency. The decision to narrow the range of public records open to the public belongs to the Legislature.”

This ruling should mark a significant change in how Ada County approaches it compliance with this important open government law, but it doesn’t only apply to them. Other public agencies in the state also have applied their own overly broad interpretations to this law that have led to improper denials, delays, fees and redactions. They all need to pay attention, too.

And what this issue shows at heart is a basic flaw in our public records law: That the only recourse for those improperly denied public records under the law is to get a lawyer and go to court. That’s an expensive proposition, and for that reason, it rarely happens. That allows a public agency to develop patterns and practices that don’t comply with the law, and continue following them until someone hauls them into court.

Many states have intermediate levels of appeal short of going to court, whether it’s an administrative review, a public records review board, an ombudsman’s office or another approach. Our state has looked into these options in recent years, but we haven’t gotten there. It’d be a great addition to this important Idaho law.

Betsy Russell is the Boise bureau chief for the Idaho Press, and is the president of the Idaho Press Club

Christina Lords, editor of the Idaho Statesman; Betsy Russell, president of the Idaho Press Club; and Melissa Davlin, VP and 1st Amendment chair of the Idaho Press Club, pick up unredacted documents from Ada County after a successful court fight.
Idaho Press Club 1st Amendment Chair Melissa Davlin talks about the Press Club’s public records lawsuit with CBS2 after picking up the documents at the Ada County Courthouse.
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Media Moves & Award News https://idahopressclub.org/media-moves-award-news/ Thu, 08 Aug 2019 19:34:09 +0000 https://idahopressclub.org/?p=2899 New faces in your newsroom or communication department? Let everyone know. Send your Media Moves to: email@idahopressclub.org
 

BOISE STATE PUBLIC RADIO
 
George Prentice joins the radio network as its full-time local host for Morning Edition, as previous host Matt Guilhem returns to California. Prentice has been with the station for decades, most recently as host of Weekend Edition on Saturday. He leaves his position as Editor of the Boise Weekly.
 
Sáša Woodruff will join as News Director this September, leaving her job as a national producer at Marketplace, based in Los Angeles. Woodruff has worked for NPR, KPCC, KCRW, and several national podcasts. Rachel Cohen has begun working as the station’s radio reporter for South Central Idaho, based in Twin Falls. She arrives via “Report For America,” a national effort to place more journalists in underserved areas. 
 
Frankie Barnhill has been named Senior Producer of the weekday public affairs program, Idaho Matters. The summer newsrooom interns are Tess Goodwin and Molly Wampler.

KTVB-TV
 
Longtime anchor Dee Sarton retired after 40 years in journalism. Her final sign-off was on June 6. She anchored KTVB’s 4 p.m., 5 p.m. and 6 p.m. newscasts.

KMVT-TV, Twin Falls

Brian Neudorff loves weather and while he’s leaving the Magic Valley, he isn’t leaving weather forecasting. KMVT’s chief meteorologist is leaving TV for a job that will allow him to focus even more on hard meteorology. His next gig will be with the National Weather Service in Louisville, Kentucky, not too far from where he grew up.

“It’s a perfect fit for my skillset,” Neudorff told the Times-News. “It was my dream job that I didn’t know was my dream job.” A friend put the idea of joining the weather service in the weatherman’s head a bit over a year ago, and ever since then, Neudorff knew he wanted to make a change.
When he studied meteorology in college, Neudorff dreamed of joining the National Weather Service, but he ended up setting out on the TV path. For the past eight years, he has been KMVT’s chief meteorologist for southern Idaho. He’s been delivering forecasts for almost two decades.

IDAHO PRESS

Rachel Spacek is the new Latino affairs reporter for the Idaho Press. Rachel comes to the Idaho Press from the Las Vegas Review-Journal, where she has been covering city government, cops and breaking news. Her first day was July 15.
Jordan Erb is a summer intern at the Idaho Press, taking over as the reporter for the Kuna Melba News. Jordan just graduated from Boise State University, where she was editor of the Arbiter. In the fall, she heads to Northeastern University to pursue her master’s degree in journalism.

IDAHO STATESMAN

Nicole Foy has joined the Idaho Statesman’s investigative reporting team, focusing on agriculture, Latino affairs and other governmental watchdog work. Nicole previously reported for the Idaho Press. 
The Statesman also has two interns joining the newsroom for the summer. Maddie Capron, an Ohio University E.W. Scripps School of Journalism graduate, is taking on general assignment duties. Rachel Hager, a fellow from American Association for the Advancement of Science, is taking on science-related stories for the summer. She also works as a science writer for Utah Public Radio. 

IDAHO BUSINESS REVIEW

Rebecca Palmer joined the Idaho Business Review in February as special sections editor. She returns to journalism after a stint in marketing and search engine optimization. Before that, she was the editor-in-chief of the Davis Clipper in Bountiful, Utah, and a crime and politics reporter for two Utah papers,  the Deseret News in Salt Lake City and the Standard-Examiner in Ogden.

KIVI-TV 6 On Your Side

Kristen Bolden has joined KIVI as the new AM Executive Producer. She was formerly a news producer for WIAT-TV CBS 42 in Birmingham, Alabama.

NORTHWEST EMMY AWARD WINNERS FROM IDAHO

KTVB

Morning/Daytime News (Markets 81+)
KTVB Morning News – Hilary Knight Wins Gold • KTVB • Karly Craig, Producer                                                        
 
Sports – Program – One Time Special
Road To South Korea • KTVB • Xanti Alcelay, Producer • Jay Tust, Sports Director                                                    
 
IDAHO PUBLIC TELEVISION

Historic/Cultural – Program/Special

Idaho Experience: Taking the Reins • Idaho Public Television • Jennie Sue Weltner, Producer/Writer • Marcia Franklin, Producer/Reporter/Writer/Host                                                     
Idaho Experience: Forgotten Neighbors • Melissa Davlin, Producer/Writer                                                        
 
Documentary – Historical
Idaho Experience: We Sagebrush Folks: Annie Pike Greenwood’s • Idaho Public Television • Marcia Franklin, Producer/Reporter/Writer/Host                                                        
 Editor – Program
Bill Krumm • Idaho Public Television                                              
 
The Board of Governors also honors three organizations for their Outstanding Community Outreach with a Citation Award. In the small market area, the Citation  went to:
 
Community Baby Shower• KIVI • Michelle Edmonds, Anchor, Don Nelson, Anchor,  Ken Richie, General Manager, J Bates, News Director, Eric Holbrook, Creative Services Director, Merri Hanson, Local Sales Manager
 

EDWARD R MURROW AWARD 

KBSX News – Mountain West News Bureau at Boise State Public Radio 
Best Feature for Amanda Peacher story on homeless student in Boise.Evicted and Homeless, This 14-Year-Old Describes Every Day as ‘A Fight'”

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Meet your IPC https://idahopressclub.org/meet-your-ipc-4/ Fri, 05 Apr 2019 21:23:04 +0000 https://idahopressclub.org/?p=2863 Brian Neudorff, Chief Meteorologist at KMVT

Interviewed by Rhonda Prast

Brian Neudorff has been the Chief Meteorologist at KMVT, a CBS affiliate in Twin Falls, since 2011. He joined the Idaho Press Club board in 2018. He graduated from Purdue University with a Meteorology degree and his first TV job was in Bismarck, North Dakota, at KFYR-TV in 2001. 
 
What started your interest in meteorology?
 
 I’ve always loved weather and the earth sciences – from geology to astronomy and meteorology. For many of my weather colleagues, they will point to a particular weather event. I don’t really have that story, but I’ve just always been fascinated. Growing up in the Midwest, you get snowy winters and you get the severe violent thunderstorms. I remember following severe weather events in Indiana on TV.
 
How are new technology and popular weather apps changing your job? Is there a ‘trust factor getting information from you?
 
Weather apps are definitely a competitor and we update a weather app like many TV stations. Apps and the availability of weather info have changed our job to be more interactive through social media. You can’t just tell people numbers, they can get that on an app or online. You need to convey the way weather is going to impact them and their lives. You have to be available and I strive to be a trusted, go-to source for our market and viewers.
 
As for trust – I still think people like a human element with weather. People will show me their apps and ask, “Is this correct?” They aren’t just taking the forecast at face value, they want some interpretation. Biggest thing is I show my personality, show I am real and allow people to know I am relatable. I also admit when we get a forecast wrong and explain why we might have gotten a forecast wrong. Truthfully, we don’t get it wrong all that often and that also breeds more and more trust.
 
 You’ve lived in some states with extreme weather (snow) – Rochester and Bismarck.  What was that like?

As I mentioned, I am from Indiana so severe storms are very common in the summer. My first job took me to North Dakota. I never got a TRUE North Dakota winter, but I experienced harsh temperatures. Many think of the Dakotas as a very cold place. That is true in the winter, but the state can also be very humid and very hot in the summer. I experienced a 114-degree day in North Dakota. As for lake effect snow across Erie and Rochester, that was fun. It was also exciting to frequently experience thunder snow. That’s basically a thunderstorm with snow, not rain. It was a big challenge to forecast because many times it would be very localized. It helped me to forecast mountain weather that we get in Idaho. Lake effect is very dependent on elevation changes and so is weather here with all our mountains. 
 
What do you foresee with the impact of climate change on the Northwest region? The next 10 years?
 
This is a hard one for me as there are differences between the study of climate and the study of weather. As for the next 10 years, the main worries will remain from drought to wildfire seasons.  We may not see drastic changes. I’ve been in Idaho almost eight years and in that time, I’ve experienced drought and then “The Winter” of 2016-2017 that brought all the snow. Even the winter of 2018-19 is turning the tables after what looked like a non-winter. Thanks to El Nino, we got a wet and snowy February that is great for the snowpack. 
 
Talk about your NASCAR Weatherman designation. How did that start? Is that an official position?

First, it is an unofficial title. For those who don’t know me beyond my weather duties at KMVT, I’ve been doing NASCAR weather forecasts on Twitter since 2008, mostly as @NASCAR_WXMAN. What started as a NASCAR fan that was a meteorologist grew over 11 seasons to more than 38,000 followers.  It’s mostly fans, but I have NASCAR media, NASCAR officials, teams and drivers following me.
 
What tips do you have for students who are interested in weather and climate reporting?
 
To the student who wants to report on weather and climate, always check with a meteorologist. I see many stories where an expert was not consulted. One example that comes to mind was a national story about severe weather.  The headline was: “Came without warning.” But the severe weather outbreak had been forecasted well in advance.
 
For meteorologists starting out: embrace reporting, it will help you get better with your on-air presentation and it also gets you out into the community. 
 
You’ve lived in quite a few places – what makes Southern Idaho more special for you and your family?

It’s the longest place we’ve ever lived. There is very much a Midwest vibe in Twin Falls. The community and the people are wonderful. While I still don’t like that you have to drive a long time to get to Boise or Salt Lake City, there are things to do that aren’t too far. But we’ve managed to buy a house, allowing for a stable environment for our sons and my wife was able to start her career as a teacher. 
  

Besides playing trumpet, what else do you do for fun?
 
I like to spend time with my family. Most importantly, I have a vast LEGO Collection. We also like to visit Boise and see all that there is to do. One thing people may be surprised to learn, I like video games but I also play Pokémon Go with my family.
 
 Favorite restaurant in the Magic Valley?

Norm’s Cafe – There is a “Weatherman’s Omelet” and yes it is named after me. 

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Nate Silver’s coming to Boise; so’s APM’s Lizzie O’Leary https://idahopressclub.org/nate-silvers-coming-to-boise-sos-apms-lizzie-oleary/ Tue, 21 Mar 2017 23:38:22 +0000 https://idahopressclub.org/?p=2274 Coming up at Treefort

By Frankie Barnhill

Boise’s Treefort Music Fest (March 22-26) isn’t just about the music. This year, the festival will include some rockstar-caliber journalists sharing a behind-the-scenes look at their craft.

Topping the Hackfort billing is a live taping of the FiveThirtyEight Politics podcast Friday, March 24 at 5:00 p.m. FiveThirtyEight editor-in-chief Nate Silver will be joined on stage at the Egyptian Theatre by podcast host and producer Jody Avirgan, political reporters Clare Malone, Harry Enten and Galen Druke. The podcast team will interview Boise Mayor Dave Bieter to bring the national political scene into local focus.

Tickets to the event are included in the cost of a Hackfort badge ($30), or can be purchased separately for $25.

A day earlier, American Public Media’s Lizzie O’Leary is finishing out the first day of Storyfort (Thursday, March 23) with a free talk at the Owyhee. O’Leary will expound on the craft of audio storytelling with a special focus on podcasts.

The Marketplace Weekend host brings the economy home each week on KBSX 91.5 FM, reporting on the intersection of politics, policy and Wall Street. The event starts at 4 p.m. and is sponsored by Boise State Public Radio.

Frankie Barnhill is a reporter for Boise State Public Radio.

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Idaho Press Club has a rich history that should be preserved https://idahopressclub.org/idaho-press-club-has-a-rich-history-that-should-be-preserved/ Fri, 10 Dec 2010 03:13:51 +0000 https://idahopressclub.org/?p=1252 board-allenBy Allen Derr

A dusty, scrolled wooden board, found under a reporter’s desk, bears the still-clear signatures of Dwight D. Eisenhower, Richard Nixon, Nelson Rockefeller, William Shirer and others.

It’s the Idaho Press Club’s Roll of Distinguished Visitors, and it’s time that it, like many other bits of this club’s distinguished history, be pulled together and preserved in a place where they are accessible to all.

It might come as a surprise to the original founder so the club that such things are not simply displayed in the permanent clubhouse of the Idaho Press Club, a place where members would socialize, entertain prominent guests, and tip a cup or tow. A clubhouse was among the eventual plan when Idaho Press Club, Inc. was incorporated in 1936, and at some points in our club’s history we did indeed have a clubhouse.

The first incorporators, Frank G. Burroughs, R.G. Spaulding, Ed Whittington, Luther Mitchell and J.W. Waterhouse, formed the club to promote closer social and intellectual relationships between “newspaper men, writers, authors and publishers.”

A clubhouse was anticipated and entertainment of “prominent writers, statesmen, musicians and other prominent personages….” was envisioned. Even the management and conduct of “golf, polo, tennis and other recreational games, tournaments, entertainment, literary contests, advertising campaigns, and social meetings of all kinds…” were planned. Membership was limited to 1,000 and it was to live 50 years.

We never did have any trouble staying under that 1,000 limit. But that first version of the club forfeited its charter far short of the 50-year mark.

The present Idaho Press Club was incorporated as I.P.C. Inc. in 1965, after operating unincorporated for some years, to provide a united voice, an opportunity for fraternization, improve standards of the press, and yes, even acquire a clubhouse.

Its existence was to be perpetual, and so far, so good. Incorporators this time were Norman Martin, Jack H. Scudder, John E. Clark, R.W. (Pete) Hackworth and Earle L. Jester.

I incorporated the club by it is initials out of professional courtesy, because we then had a major press group with the similar name, the Idaho Press Association. After the Idaho Press Association became the Idaho Newspaper Association in 1985, we officially took back our rightful name in amending documents signed by Steve Hartgen as president and Diane Ronayne as secretary.

At and after the 1965 incorporation, the club had an agreement for use of the old City Club in the Owyhee Hotel for meetings, social functions and sort of clubhouse and home. In due course we had a clubhouse of our own in the old Boise Hotel.

We entertained the likes of Dwight D. Eisenhower, Richard Nixon, Nelson Rockefeller, William Shirer and others and have their signatures on a celebrity board to prove it. We were famous for our News Year’s Eve parties, tied in with the start of the legislative sessions and the no-holds-barred but clever, humorous roasts of every target we could find. Throughout, we have fought for open records, open meetings, open preliminary hearings and all aspects of freedom of the press, in the courts, in the legislature and in the public arena.

We’ve educated with seminars and speakers, which have included Molly Ivins, tom Wicker and others. We are now working on our third media/law handbook. We annually what is billed as the premiere Idaho Press Club awards and the presentation banquet. We have open meetings billfold instruction cards and are working on the same for open records. Our First Amendment Committee has monitored legislation with great success.

Many people are still alive who have had a role in our club. Why not develop the history they have to offer and preserve it?

The question then: Where do we keep it for posterity and easy access?

I suggest the Idaho Historical Society. It’s good enough for old Idaho Supreme Court case files. It ought to be good enough for us.

Martha Borchers has Communicators since 1977, and we should collect them so we have a full set, but she can’t be expected to store them and all the other records in her home forever.

I have, with board permission, already donated some of my records to the Idaho Historical Society. They will preserve them, in due course post an index on the web, and allow access to and even loan of the materials. I am ready to add the collection of Carroll Valentine, former Mountain Bell media and legislative guru and IPC stalwart.

I recently experienced a history wake-up call at a meeting at which no one really knew much about who Don Watkins, of the Don Watkins Memorial Scholarship Fund, really was, or how the $50,000 funding was raised. Don, who died in 1981, was Gov. John Evans’ press secretary and a legendary media and political press figure. Donations came from major media, working press, politicians and the public – and from many Merle Parsley barbecues at his “Iron Mike’s” restaurant.

Is anyone willing to help gather and preserve our history and store it where it is accessible to all? If you have historical Press Club items to donate, or if you’d like to help in this effort, please contact the Idaho Press Club at email@idahopressclub.org or 208-389-2879.

Allen Derr, a Boise attorney with expertise in First Amendment issues, is a longtime board member of the Idaho Press Club.

Article originally published in IPC’s Communicator Fall 2001 Issue.

Obituary: Allen Derr, 1928—2013

allenFew can say they changed the world. Even fewer can say they changed the world for the better, but Allen Derr can and did.

Allen passed away on June 10, 2013 with his wife, Judy Peavey-Derr, sister Jane Betts, and close friends Jesse and Harriet Walters, by his bedside. He was born in Sandpoint, Idaho, on April 5, 1928 as the first son and second child of Alfred Morley Derr and Hattie Catherine Allen Derr of Clark Fork, Idaho.

A small man in stature, but big in thought, deed, and spirit, Allen fought for justice and peoples’ rights from an early age. The first was leveling the playing field for his younger brother, Jack, who often told the story about getting into fights with classmates and having Allen finish the fight for him. His older sister, Beverly (Bev) recalls the day when he had had enough of her antics and turned the tables on her; she never got the upper hand again. Jane, the last sibling, and complete surprise to Allen who was 17 and out of the country at her birth, was always protected by her big brother.

Allen’s father, a five-term senator from Bonner County and Democratic nominee for Governor of Idaho in 1958, brought the family to Boise for the session each year. Too often the Derr farm kids received unwanted attention from authorities and others for various acts such as roller skating in the capitol or staging fights at Hotel Boise where crowds would gather and throw money which was later used for ice cream.

As Allen’s interest in the legislative process grew so did his desire to become a page. Eventually he served with his soon to be life-long good friend, Lou Cosho. Lou, prior to his own passing, sent Allen a clipping of an article and picture he had saved for years regarding Allen’s killing of a bear at the age of 12 on their ranch in Clark Fork. No small feat for a young boy, but Allen told the story of that day’s events as if it was nothing at all.

At age 16 Allen wanted to join the WWII effort. His parents resisted and promised him if he felt the same way at 17 they would grant their permission. He did and they did. He joined the Marine Corps (semper fi) and was sent to China in 1945. He returned to Idaho and graduated from high school in his dress uniform. He reminisced about his time in the Marines saying he had “been scheduled to be fodder on the beaches, but major events outside of his control changed his fate.” To the end, always faithful, he approached fellow marines to pay respect to them for their commitment to duty. A few years later after his high school graduation he would sign up with the Air Force to serve in the Korean War.

He was accepted at several colleges, including Stanford and Harvard, but chose the University of Idaho. He majored in Journalism, pledged the TKE fraternity, served as the editor of The Argonaut and was involved in many of the campus traditional hi-jinx including but not limited to the WSU cougar, and TKE bell. Allen and his friends on several occasions traveled to Clark Fork from Moscow for the weekend, unannounced, expecting food and a place to sleep. Hattie, his mother and Idaho’s first female state senator, was always prepared with a warm home-cooked meal and plenty of laughter. With all of his extra activities he still managed to graduate with honors in 1951 and received many awards for his writing.

Upon graduation Allen worked as the editor for the TKE National Magazine in New Augusta, Indiana. After four years he decided to become a lawyer. He said when asked about this career change, “I went astray.”

During these years Allen met and married Miriam E. Ross Larson, started law school, was a correspondent for the Lewiston Tribune, Spokane Chronicle, and Spokesman Review. For one year he was a reporter and assistant sports editor for the Lewiston Tribune and no doubt it was during this time he developed his life-long love for the Yankees. In addition to going to law school Allen and Miriam were Proctor and Hostess at Upham Hall surviving many pranks by Tom Kerr, a resident of Upham Hall at the time and former Valley County Commissioner, now retired.

His first job upon graduating from law school in 1959 was as Assistant Attorney General for the State of Idaho with the bar number of “911″. One year later he opened his private practice, eventually practicing with brothers Jim and Jesse Walters.

Divorced, he met and married Helen Evans. They were married for 28 years when she passed in 1992. It was during these years that Allen argued the Reed vs. Reed case, the first successful sex discrimination case in the history of our country in the U.S. Supreme Court, authored articles on law, journalism, and courtroom photography, was a speaker and lecturer, Master of Ceremonies, and radio and television panelist and past interviewee. In 1967 he became one of the Founders of the Idaho Trial Lawyers’ Association, was a long time Director of the Idaho Press Club, and was selected by the Idaho Statesman for their “Portrait of a Distinguished Citizen” award.

In 1993 Allen, a long-time Democrat and Past State President of the Young Democratic Club of Idaho whose grandfather had also served in the Idaho Legislature as a Democrat, married Judy Peavey, a long-time Republican, precinct committee person, and with strong family ties to the Republican party. It was the equivalent marriage in Idaho to that of James Carville and Mary Matalin. It seemed odd to some people but it was perfect for them. A discussion between them of current events took on a different perspective every morning and night during the news broadcasts. They did a routine one Friday several years ago for their Boise Exchange Club describing how they each read the morning paper and discussed the events of the day with one another.

They were fortunate to travel and fulfill many of their bucket list dreams, visiting many foreign countries, even retracing Allen’s journey throughout China and Asia when he was a Marine. Many of their travels were usually in the company of good friends Ann and Joe Vollmer. Allen managed to find the will to travel one last time to Alaska at Christmas to see the grandsons and ingrain upon them as he did to all of the grandchildren the importance of saying “Cheers” when taking a drink, and the annual trip to Hawaii in February with Ann and Joe.

His real determination and perseverance was recognized when fishing the Kenai Peninsula in Alaska in 2009. At age 81, he hiked into the fishing hole, sat in the river in a lawn chair so he didn’t get swept away by the current, and although cold and shivering, landed a sockeye salmon (This was his first salmon caught on a fishing pole, although he had lassoed one as a child).

A year ago during a birthday celebration of a close friend at the Adrian Social Club, Allen was encouraged to sit in as the drummer on a set for a group playing that evening. It had been years since he had played the drums, but at the conclusion of his performance he commented, “Boy, that brought back some fond memories!” He was referring to the days when he and his parents would travel to Noxon, Mont. where Allen would play the drums while his mother played the piano in a local establishment. They weren’t professional because they didn’t receive any “cash” payment.

Over the years he would also regale his laughing dinner guests with his routine of his old and yet still funny jokes used when he performed for audiences during his TKE National Magazine days, playing his harmonica and reciting poems from memory from years ago.

One of his favorite places to relax was on his boat, a 26-foot fiberfoam, Baja, with a flying bridge on Payette Lake in McCall. When it came time to part with his prized possession he gave it to his son, David, knowing it would be used and enjoyed by him and the granddaughters.

The ACLU recognized him in 2002 with the Idaho Freedom Award, the Idaho State Bar honored him with the Professionalism Award in 2002, the University of Idaho bestowed upon him the Alumni Association Hall of Fame award in 2005, and he was featured, along with his client, Sally Reed, in the book DAYS OF DESTINY CROSSROADS IN AMERICAN HISTORY in which America’s greatest historians examined thirty-one uncelebrated days that changed the course of history. The chapter examines the Reed vs. Reed case 92 S.Ct.251 (1971) in which the U.S. Supreme Court, for the first time in its history, declared a state law discriminating against women violative of the U.S. Constitution’s 14th Amendment’s equal protection clause.

In 2011, Allen was honored at the annual Idaho Press Club awards banquet for his many years of service to the club, and presented with a plaque and a lifetime membership in the club. The plaque said, “ALLEN DERR, In honor of his extensive and continuing service, is hereby declared a LIFETIME MEMBER, Idaho Press Club, May 7, 2011.” His response: “Does this mean I don’t have to pay dues any more?”

Allen will be remembered by friends, family, and associates as being one of the most kind, gentle, gracious, and caring men to grace our presence. That alone would be enough to claim a life well lived but he has also left a major legacy for women and their families.

And for the Press Club, he left a legacy of standing up for open records and meetings, frequently serving as our attorney over the years in important and precedent-setting cases, serving as our open government lobbyist in the Idaho Legislature and an active member of our First Amendment Committee, always promptly and thoroughly answering questions from reporters facing access problems, and serving for many decades – until his death – as a valued and active member of the Idaho Press Club board.

He is survived by his wife, Judy Peavey-Derr; children, Sandra Delanoy (Russell), David Larson; Brian Peavey (Elisa), Jennifer Joanis (Lance); sisters, Beverly Shields and Jane Betts (Bill); brother, John Derr (Dotty); grandchildren, Amanda Larson, Alyssa Larson, Taylor Peavey, Bella Peavey, Emi Peavey, Gabriel Joanis, Jacob Joanis; sister-in-law, Betty Derr; and numerous nieces, nephews, and cousins. He was preceded in death by his parents, sister, brother and former law partner, Jim, little sister, Marietta, and wife, Helen.

While Allen was a Vandal until his death, he did cheer for and held season tickets for years to the BSU Broncos football games. His final request was he hoped friends and family would put aside the rivalry just this once and support his favorite program at the University Of Idaho College Of Law (for “pro bono program”). Address: P.O. Box 442321, Moscow, ID 83844-2321. He believed with all of his heart that more young people studying law needed to understand that it isn’t always about making money; sometimes you just have to do the right thing for the sake of justice and your client.

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