Morristown judge rules Amish case can proceed

MORRISTOWN — The Amish failed to prove how building codes hinder their religion, and court cases will proceed, Town Judge James T. Phillips Jr. has ruled.

Judge Phillips denied motions by the attorney for eight Amish men to dismiss building permit violation charges on the grounds of free religious exercise, lack of a speedy trial and in the "interest of justice." The judge's long-awaited decision — requests were made Nov. 27 — means the town and defense attorneys soon must meet for a pretrial conference on how to proceed.

"I don't know what I'm going to do," said Steven G. Ballan, the St. Lawrence County assistant public defender appointed to represent the Amish men. "I have some options."

Judge Phillips cited cases where laws have been upheld in the interest of safety even when religious groups oppose them.

"The Amish desire 'not to conform to this world' must be reasonably and rationally tempered with required compliance to regulations imposed by a town and society in which they are citizens," he wrote.

The Amish do not deny the charges. They are part of the strict Swartzentruber sect, which has butted heads with building codes throughout the state, Pennsylvania and Wisconsin since members left their native Ohio. They say requirements for smoke alarms and engineer-approved designs violate their religious tenet to oppose modernization.

Morristown has cited 11 Amish men with building or moving homes without permits since July 2006. The judge's ruling, made Wednesday and filed Friday, applies to the eight charged when Mr. Ballan made his November request. Mr. Ballan made the same arguments for dismissing charges against the three remaining men and expects soon to receive word that those also are denied.

Judge Phillips denied Mr. Ballan's request to dismiss charges in the "interest of justice" by ruling that doing so would be unfair to Morristown residents and would erode public confidence in the judicial system.

He denied the speedy trial complaint by explaining why Andy Miller, Dumont, still is seeking resolution even though he was charged in July 2006. A plea negotiation lasted until June 2007. The judge ruled the lag, along with time given so Mr. Miller could deal with ground frost, were reasonable delays.

Mr. Ballan, who unsuccessfully asked June 20 for the case against one of the men to be heard in County Court, disagreed with the judge's decision and highlighted portions Monday that he said are incorrect. For example, Judge Phillips writes that Mr. Miller requested an adjournment to get an attorney. Mr. Ballan, who was appointed by the judge to represent the men, said Mr. Miller did not ask for a lawyer.

The attorney also faulted some of the cases cited by Judge Phillips.

"I believe he's clearly wrong on the law," Mr. Ballan said.

Mr. Ballan said Monday that he will discuss the ruling with attorneys and representatives of national religious rights groups before deciding how to proceed. He intends at trial to call witness support from Karen M. Johnson-Weiner, a SUNY Potsdam professor and author on Old Order Amish.

Town Attorney Andrew W. Silver was unavailable Monday for comment.