Post by AuntieSocial on Nov 22, 2003 18:32:40 GMT -5
Commandments group wants judge out
Click here to read the article on the original page
By PEARCE ADAMS
Published: November 22, 2003
Publication: The Gainesville Times
A Habersham County group says it will push to impeach a federal judge who ordered the county to remove public displays of the Ten Commandments.
The Ten Commandments Support Committee also plans to appeal U.S. District Court Judge William O'Kelley's ruling, which was issued Monday.
Wednesday, the county complied with O'Kelley's order to take down the commandments displays in its courthouse and a swimming pool complex.
Nancy Schaefer, president and founder of Turnerville-based Family Concerns, said Friday that the commandments have enough support from county leaders, attorneys and residents to appeal O'Kelley's ruling to the 11th Circuit Court of Appeals.
The support committee's press release said "Judge William O'Kelley ignored the clear message of the U.S. Constitution and substituted his opinion that turned two centuries of America's history and heritage upside down."
The support committee initiated the action to call for his impeachment in "an effort to restrict the power of federal courts."
The Constitution gives power to initiate impeachment to the U.S. House of Representatives. The Senate has the power to try an impeachment case. A two-thirds vote is required to remove a judge from office.
"We hope by Monday to talk to some of our representatives," Schaefer said.
The drive to impeach is a twist on a Ten Commandments case in Alabama. There, Chief Justice Roy Moore was thrown off the bench for failing to remove a 5,300-pound Ten Commandments from the state Supreme Court building in Montgomery, Ala.
Schaefer also said the group would seek a stay of O'Kelley's order, which, if granted, would allow Habersham to display the commandments until the appeal is heard. Schaefer said the basis for the appeal has not been finalized and a filing date not agreed upon.
"We have not met with our legal council on the wording," she said.
Court rules require the filing of an appeal within 30 days of a ruling.
O'Kelley heard arguments Oct. 20 during a one-day, nonjury trial. He couldn't be reached late Friday. Neither could Habersham County officials or their legal representatives.
Attorney Doug McDonald of Cornelia and Orlando-based Liberty Counsel have represented Habersham in its dispute with residents Charles Bo Turner and Gregg Holder, who are supported by the American Civil Liberties Union.
Schaefer said late Friday afternoon that the support committee met Thursday night and decided to fight.
"We have a resolution to read to the commission on Monday, Dec. 1, that says this is where the committee and legal council stands," she said.
Click here to read the article on the original page
By PEARCE ADAMS
Published: November 22, 2003
Publication: The Gainesville Times
A Habersham County group says it will push to impeach a federal judge who ordered the county to remove public displays of the Ten Commandments.
The Ten Commandments Support Committee also plans to appeal U.S. District Court Judge William O'Kelley's ruling, which was issued Monday.
Wednesday, the county complied with O'Kelley's order to take down the commandments displays in its courthouse and a swimming pool complex.
Nancy Schaefer, president and founder of Turnerville-based Family Concerns, said Friday that the commandments have enough support from county leaders, attorneys and residents to appeal O'Kelley's ruling to the 11th Circuit Court of Appeals.
The support committee's press release said "Judge William O'Kelley ignored the clear message of the U.S. Constitution and substituted his opinion that turned two centuries of America's history and heritage upside down."
The support committee initiated the action to call for his impeachment in "an effort to restrict the power of federal courts."
The Constitution gives power to initiate impeachment to the U.S. House of Representatives. The Senate has the power to try an impeachment case. A two-thirds vote is required to remove a judge from office.
"We hope by Monday to talk to some of our representatives," Schaefer said.
The drive to impeach is a twist on a Ten Commandments case in Alabama. There, Chief Justice Roy Moore was thrown off the bench for failing to remove a 5,300-pound Ten Commandments from the state Supreme Court building in Montgomery, Ala.
Schaefer also said the group would seek a stay of O'Kelley's order, which, if granted, would allow Habersham to display the commandments until the appeal is heard. Schaefer said the basis for the appeal has not been finalized and a filing date not agreed upon.
"We have not met with our legal council on the wording," she said.
Court rules require the filing of an appeal within 30 days of a ruling.
O'Kelley heard arguments Oct. 20 during a one-day, nonjury trial. He couldn't be reached late Friday. Neither could Habersham County officials or their legal representatives.
Attorney Doug McDonald of Cornelia and Orlando-based Liberty Counsel have represented Habersham in its dispute with residents Charles Bo Turner and Gregg Holder, who are supported by the American Civil Liberties Union.
Schaefer said late Friday afternoon that the support committee met Thursday night and decided to fight.
"We have a resolution to read to the commission on Monday, Dec. 1, that says this is where the committee and legal council stands," she said.
