Lawyers won’t pursue monument judge for contempt

LAWYERS seeking removal of a Ten Commandments monument from a judicial building’s rotunda told a federal judge yesterday they would not press to have the state’s chief justice held in contempt for refusing to move it.

The lawyers also said they would not seek to have the state fined, telling US District Judge Myron Thompson that they were convinced the monument would be out of the state building by next week despite the resistance of Chief Justice Roy Moore.

"Our concern all along has been compliance with the constitution. Once the monument has been removed, our concerns will have been addressed," said attorney Ayesha Khan.

After Judge Thompson's deadline had passed, Judge Moore's eight associate justices on the state's high court on Thursday ordered that the granite marker be taken out of the rotunda. But court officials were still trying to determine where it might go in the building it weighs 5,300lbs and if the area would allow proper security.

About 40 demonstrators remained outside to support Judge Moore, who installed the monument in the rotunda where visitors can easily see it and refused to move it even after Judge Thompson ruled that the public display violated a constitutional ban on government promotion of religious doctrine. Judge Moore, who plans an appeal to the US Supreme Court, contends it is a proper acknowledgment of God and the moral foundation of American law.

He spoke yesterday with the Alabama Judicial Building's manager, Graham George, who was instructed by other justices to carry out the removal.

Mr George hasn't said when, how or where the monument will be moved.

An organiser of pro-Moore demonstrations, Patrick Mahoney of the Christian Defence Coalition, said the demonstrations would continue as long as the monument is still in the building.

"Our message is clear. We are going to peacefully block the way if they try to move it," Mr Mahoney said.

Attorney General Bill Pryor, speaking for the eight associate justices, told Judge Thompson that building officials were considering potential security problems because of the ongoing demonstrations as they sought the best location for the monument, according to Ms Khan. Ms Khan is an attorney for Americans United for Separation of Church and State, one of the groups seeking removal of the monument.

Under Judge Thompson's order, the monument could go in Judge Moore's office. But according to Ms Khan, Judge Moore said it was too heavy.

The supporters kept vigil in sleeping bags strewn outside the building.

Reverend 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.

Lawyers suing to remove the monument have also filed a complaint with the state Judicial Inquiry Commission, citing Judge Moore's refusal to obey a court order to move the monument.

The complaint alleges Judge Moore violated canons of judicial ethics.

The commission, which operates like a grand jury, met yesterday behind closed doors.

It can send a case to the Court of the Judiciary, which holds trials and has the power to discipline and remove judges.

One demonstrator, 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," Ms Phillips said.