HALTING GOVERNMENTAL OVERREACH
On January 14, 2022, the Idaho Supreme Court heard redistricting challenges to the state’s new redistricting plan. The firm represented the Coeur d’Alene and Shoshone-Bannock Tribes, who took center stage. The redistricting commission did not preserve the Tribe’s as vital communities of interest. A decision is pending.
In a landmark victory in Reclaim Idaho v. Denney, the Idaho Supreme Court struck down recently enacted legislation that greatly restricted the people’s power to initiate and reject laws. In its decision, the Court held that the initiative/referendum power is a fundamental right of all Idahoans, and the consented law was a grave infringement of that right.
In Idaho Press Club v. Ada County, Ferguson Durham compelled Ada County to release illegally withheld public records, increasing governmental transparency for all Idahoans.
KTVB: Idaho Press Club wins public record case against Ada County
Betsy Russell: A significant win for public records in Idaho
The firm prevented the State of Idaho from refusing to put a widely supported referendum on its ballots and infringing on the First Amendment rights of Idahoans.
Ferguson Durham successfully represented the Couer d'Alene Tribe in its bid in the Idaho Supreme Court to challenge an unlawful gubernatorial veto.
FREEDOM FROM EXCESSIVE FORCE AND ILLEGAL SEARCHES
Craig Durham successfully convinces the Ninth Circuit Court of Appeals that Ada County Deputies were not entitled to immunity in an excessive force case involving an African American motorist.
Ferguson Durham successfully represented a Latino/Native client stopped unlawfully while he traveled through Idaho and was subjected to an invasive roadside search.
The firm helped the Nampa Chapter of the Brother Speed Motorcycle Club win a judgment against the United States for an unlawful raid.
CRIMINAL DEFENSE AND APPEALS
Craig Durham has successfully helped dozens of prisoners regain their freedom in parole and commutation cases before the Idaho Commission of Pardons and Parole.
Mr. Durham recently won reversals in two Shaken Baby Syndrome cases, Jeffery Baker v. State of Idaho and Katherine Lea Stanfield v. State of Idaho.
Mr. Durham convinced the Ninth Circuit Court of Appeals that a defendant was denied his right to counsel of his choosing inUnited States v. Marcelo Sanchez-Espinosa.
Mr. Durham won a post-conviction case in the Idaho Supreme Court for a defendant who was deprived of adequate counsel at trial in John Marr v. State of Idaho.
Freedom of expression
The Firm helped artists fight back against state censorship and retain their First Amendment rights.
EQUALITY
Ferguson Durham won a landmark decision to overturn Idaho's gay marriage ban, protecting the constitutional rights of same-sex couples.
Ferguson Durham successfully represented Navy Veteran Lee Taylor in her fight against the State to have her wife's ashes interred with her at the Idaho Veteran's Cemetery when she dies.
RELIGIOUS LIBERTY
Ferguson Durham has fought for citizens to practice their religion and to worship free from State interference.