My Turn: Tribute to the late attorney Raymond 'Ray' Givens
It is with great sadness that I learned of the passing of Ray Givens, a brilliant lawyer who won several major civil court cases that have impacted the lives of so many residents throughout the Pacific Northwest as well as Alaska citizens. It is uncommon for a small-town attorney to have such a broad impact on the legal system. Here are a few examples:
The 2001 U.S. Supreme Court case when the Coeur d’Alene Tribe won a 5-4 decision confirming their historical ownership of one-third of Lake Coeur d’Alene. As Ray prepared his court brief, he shared with me his legal theory that there were four justices favorable to the Coeur d’Alene Tribe’s arguments and four opposed, thus the deciding vote would come from Justice Sandra Day O’Connor, and he was correct as she made the fifth vote in favor of the Coeur d’Alene Tribe.
From 1982 to 1984, Ray represented several clients in a civil case against the Idaho Legislature's 1982 state legislative reapportionment act, claiming it violated the Idaho Constitution.
I became an expert witness for Ray, drawing 28 reapportionment plans. During the two years of litigation known as “Hellar v. Cenarrusa I, II, III," there were five state court decisions (Idaho First District Court and Idaho State Supreme Court) and two federal court decisions including one procedural issue from the U.S. Supreme Court chief justice.
Ray prevailed in all seven decisions. The Idaho Supreme Court adopted plaintiff’s Plan 14-B that was used for eight years.
In 1988-89, North Idaho College trustees agreed to bring a civil case against the Associated Students of North Idaho College over a dispute regarding the collection of a specific student fee that had been collected by the college over the past eight years that the students challenged.
ASNIC attorney Norm Gissel was joined by Ray Givens to represent the students. The students prevailed in the Idaho First District Court. The college was ordered to return the fees with interest to each student over those eight years and any funds left over from students not located would go to ASNIC.
The student board gave those funds to the NIC Foundation that provides 30 annual scholarships to students from the interest-bearing account. It was believed that this was the first time in the history of the United States that a college had sued its student body.
Ray successfully represented families and especially children in Shoshone County from lead poisoning from toxic emissions from mining operations by a major corporation out of Texas. He obtained significant damages for his clients. I am not sure of the dates.
Later in his practice, he became the attorney for Alaska Natives who sued pipeline companies that were running pipelines across their lands who allegedly were not adequately paying the proper fees for crossing their properties. Again, Ray prevailed. I do not have the exact date of that decision.
Among his many community activities, he was the master of ceremonies at the 1986 “Unity Rally” held at North Idaho College for Catholic Priest Bill Wassmuth following the bombing of his home by Order II, a neo-Nazi group.
Ray came from a family of lawyers. His father was a distinguished Boise attorney and his grandfather served as a justice on the Idaho State Supreme Court.
Ray’s spouse, Jeanne Givens, in her own case, has been an outstanding public servant including terms as a representative in the State House of the Idaho Legislature. She was the second Native American to serve in the Idaho Legislature. She is a member of the Coeur d’Alene Tribe.
Ray and Jeanne have been active in civil rights work over many decades.
They are the parents of two children.
I extend my condolences to the family.
Rest in Peace my dear friend.
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Tony Stewart is a Coeur d’Alene resident.