The Atlanta Journal-Constitution
Chief Justice Meets
With Judicial Ethics Panel
Ten Commandments monument remains in judicial building
The Associated
Press
August 22, 2003
MONTGOMERY, Ala. -- Chief Justice Roy
Moore met with a judicial ethics panel Friday as it considers charges that he
violated his oath of office by disobeying a federal court order to remove a Ten
Commandments monument from the Alabama Judicial Building's rotunda.
Moore met with the Judicial Inquiry Commission as about 100
of his supporters, outside the federal courthouse, ripped and burned a copy of
U.S. District Judge Myron Thompson's order.
Attorneys who sued to get the monument out of the rotunda,
meanwhile, put their contempt filing against Moore on hold, now that Alabama
Supreme Court associate justices have agreed to move the marker despite Moore's
defiance.
Thompson ruled last year that the monument, installed by
Moore in a highly visible public spot in the state building, violates the
constitution's ban on government promotion of a religious doctrine. He said it
could be moved to a private place in the building.
The monument remained in the rotunda Friday as court
officials discussed where in the building the 5,300-pound granite marker could
be moved and given proper security.
Leaving the inquiry commission meeting, Moore said he spoke
briefly, explaining that he did not violate his oath of office by refusing to
move the monument because the oath requires him to acknowledge God.
"The oath of my office is what we rest upon," Moore
said.
The commission, which did not issue an immediate ruling,
could suspend Moore with pay and turn his case over to the Court of the
Judiciary for a trial. If that court finds wrongdoing it could discipline Moore
with anything from censure to removal from office.
Meanwhile, the around-the-clock vigil by Moore supporters
continued in downtown Montgomery, with about 100 protesters moving from the
steps of the judicial building to a sidewalk in front of the federal courthouse,
where Thompson works. Some ripped to pieces and burned a copy of Thompson's
ruling. Demonstrators also held a mock trial, in which Thompson was charged with
breaking the law of God.
"We hold you, Judge Thompson, and the United States Supreme
Court in contempt of God's law," said Flip Benham, director of the anti-abortion
group Operation Rescue.
At the state judicial building, protesters have prayed, sung
hymns, preached and kept an eye on the monument through the building's glass
doors since Wednesday night, the deadline Thompson gave Moore to move the
monument.
Inside the building, court officials were trying to
determine where the monument would go and when it would be moved.
Ayesha Khan, an attorney for Americans United for Separation
of Church and State, one of the groups seeking removal of the monument, said
Thompson told the parties in a conference call Friday that he would schedule
another conference call for late next week. She said plaintiffs would drop their
request to hold Moore in contempt, or fine the state, if the monument is moved
by then.
"Our concern all along has been compliance with the
Constitution. Once the monument has been removed, our concerns will have been
addressed," she said.
Khan said Attorney General Bill Pryor, speaking for the
eight associate justices who overruled Moore, told Thompson that building
officials were looking for the best location for the monument and considering
security problems that might occur because of the ongoing
demonstrations.
Thompson's order gave the option of moving the monument to
Moore's office. But Khan said she asked Moore during a deposition about moving
it to his office and he said the monument was too heavy.
An organizer of pro-Moore demonstrations, Patrick Mahoney of
the Christian Defense Coalition, said Friday the demonstrations will
continue.
"Our message is clear. We are going to peacefully block the
way if they try to move it," Mahoney said.
One of the demonstrators, retired Birmingham school teacher
Murray Phillips, said she knows the monument will probably be gone from the
rotunda soon.
"I'm upset, but I'm not surprised. At least I am going to be
able to say to my grandchildren that at least I tried to do something," Phillips
said.
azcentral.com
Alabama Chief Justice, Building Manager in Ten
Commandments Showdown
Associated Press
Aug. 22,
2003
MONTGOMERY, Ala. - Chief Justice Roy Moore returned to the
Alabama Judicial Building and spoke with its manager Friday, as supporters
outside prayed that a Ten Commandments monument might remain in the rotunda,
despite orders to move it.
Moore stood near the monument as he talked to
building manager Graham George, who was instructed Thursday by the rest of the
justices on the state's high court to carry out the removal. It wasn't known
what was said.
Moore spent much of Thursday vowing to do everything
within his power to keep the monument in place. His eight colleagues on the
state Supreme Court had ordered the monument taken out after a federal judge's
midnight removal deadline passed.
After entering the building Friday,
Moore waved to 40 or so supporters but didn't come outside to meet them as they
sang and prayed during a vigil kept from sleeping bags and bedrolls.
The
Rev. Herman Henderson of Believers' Tabernacle in Birmingham opted to nap on the
concrete with his head resting on sheet music for the song, "I Shall Not Be
Moved."
They remained quiet throughout the night, prompting police to
retreat to their post across the street.
U.S. District Judge Myron
Thompson set the midnight deadline after deciding that sitting in the public
rotunda, the monument violated the Constitution's ban on government promotion of
a religious doctrine. Thompson has said it could be moved to a private place
still within the building.
The judge had threatened $5,000-a-day fines if
Moore left the monument in the rotunda.
Thompson was scheduled to have a
conference call with attorneys in the case Friday. Lawyers suing to remove the
monument also have filed a complaint with the state Judicial Inquiry Commission,
alleging that Moore violated canons of judicial ethics by refusing to carry out
a court order.
The commission, which was scheduled to meet Friday, can
send a case to the Court of the Judiciary, which holds trials and has the power
to discipline and remove judges. Judicial ethics cases usually take
months.
George was instructed by the state's high court to "take all
steps necessary to comply" with the federal court's removal order, justice
Gorman Houston said. George declined to comment when asked when, how or where
the monument would be moved.
Moore condemned his fellow judges for their
orders. In their ruling, the Alabama justices stated they were "bound by solemn
oath" to uphold the law.
"I will never deny the God upon whom our laws
and country depend," Moore said Thursday in defending the 5,300-pound granite
marker, which he installed two years ago and contends is representation of the
moral foundation of American law.
"Not only did Judge Thompson put
himself above the law, but above God as well," Moore told supporters.
The
chief justice had appealed to the U.S. Supreme Court for an emergency stay of
the removal order, but the court rejected it Wednesday. Moore said Thursday he
would file a formal appeal with the high court soon "to defend our
constitutional right to acknowledge God."
"I cannot forsake my
conscience," he said.
Richard Cohen, an attorney for the Southern Poverty
Law Center - which sued along with the American Civil Liberties Union and
Americans United for Separation of Church and State - praised the eight
justices.
"Their courageous actions reflect that Justice Moore is a
disgrace to the bench and ought to resign or be removed from office," Cohen
said.
Still, protesters outside the building said they were willing to
stand in the heat and risk arrest for days or weeks to keep the monument inside.
Twenty-one were arrested Wednesday night on trespassing charges.
Stephen
Hopkins, pastor of Burnet Bible Church in Burnet, Texas, was one of those
arrested. He said he was willing to be arrested even though he has 10
children.
"This is a great hypocrisy," Hopkins said. "This is an assault
on God. They're saying we're going to cover up God."
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