Amish request change of venue

MORRISTOWN — The attorney representing the Amish in their building code violation cases is asking for a change of venue.

Steven G. Ballan requested Friday that the cases be transferred to a court with a lawyer-judge so he can reargue requests to have the charges dismissed based on the right to free religious exercise, lack of a speedy trial and other grounds.

"I don't think the Amish can get a fair trial in Morristown," Mr. Ballan said. "The case has been publicized way too much."

He intends to seek a jury trial and argues that residents and potential jurors could be influenced by the town cost of prosecuting the men.

Town Judge James T. Phillips Jr. rejected Mr. Ballan's requests July 23. He cited cases in which laws were upheld for public safety even though religious groups opposed them. Dismissing the charges would erode the public's confidence in the judicial system, Judge Phillips ruled.

"The defendants have not offered any specific allegation or proof that the mandates of the local law substantially burden the exercise of their religion," he wrote.

Eleven members of the faith's conservative Swartzentruber sect have been charged with building or moving homes without permits. They do not deny the charges, but say smoke detectors and engineer-approved design requirements violate their beliefs.

Mr. Ballan wants to reargue because, he said, he believes Judge Phillips incorrectly accepted prosecution statements as fact and applied the wrong judicial standards when considering the motions.

"My hope is they'll get it right the first time. From my perspective, it didn't look like that happened," Mr. Ballan said. "I'd like to point out the specific areas where I think he made mistakes and ask him to look at it again."

Mr. Ballan tried June 20 to have the charge against one man heard in St. Lawrence County Court, reasoning that a judge with legal training is more prepared to handle such a complicated case with potential far-reaching impact. County Judge Jerome J. Richards denied the request, saying it lacked sufficient paperwork. He recommended the case be transferred to state Supreme Court.

The Amish are scheduled to appear Aug. 29 in Town Court.

Swartzentruber Amish also have butted heads with building codes in Hammond, Western New York, Pennsylvania and Wisconsin since leaving their native Ohio.