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Amish Men's Trial Delayed Over Obtaining Counsel

By Howard M. Friedman

Yesterday's Watertown (NY) Daily Times reports that Hammond, New York's civil lawsuit against two members of the Swartzentruber Amish sect to enforce compliance with building codes has been delayed because defendants' religious beliefs are preventing them from obtaining attorneys. Amish refuse on religious grounds to retain attorneys, but will permit the court to appoint counsel or will permit counsel to intervene on their behalf. Public defender Steven Ballan was appointed to represent Joseph J. Swartzentruber and Henry D. Mast in criminal proceedings against them in Morristown, but he cannot represent them in a civil case. (See prior posting.) Nor may the court appoint counsel. Ballan is working to get a religious freedom group to intervene on behalf of the two Amish men. At issue in the lawsuit is the refusal of defendants to obtain building permits, install smoke detectors or get engineer-approved designs for homes they built.

Full post as published by Religion Clause on September 08, 2008 (boomark / email).