Can you help Amish looking for a lawyer?

January 11, 2008 10:20 AM

Can you help Amish looking for a lawyer?

I have been working since last September to find a constitutional law attorney who would be willing to work with the Old Order Amish in my county who are being sued for not signing building permit contracts (which they are religiously opposed to doing) and various other home-building issues but so far nobody I've approached is willing to get involved (at least on a pro bono or contingency basis, that is). Already I have looked into every religion-based advocate organization, but they are busy with other things. Does anyone know of a person who is familiar with RLUIPA (religious land use and institutionalized persons act of 2000--which has an attorney fee provision, by the way) and is licensed to practice law in Wisconsin? All six of these active Amish cases have their initial court appearances scheduled for February 19th and we are getting concerned as to how things will go for them. One from a different group of Amish has already been to court twice and is due to go again in a couple weeks--at which time he expects to be ordered to pay a hefty fine. Anybody got advice for me and our Amish friends?

posted by mamaraks to law & government (14 comments total)

I would check with the Wisconsin Chapter of the American Planning Association and see if they can refer you to a land use lawyer.
posted by desjardins at 10:33 AM on January 11, 2008

It isn't legal advice, but one of the best ways to create a high profile for a case and to raise national awareness is to take a "civil disobedience" stance, and to refuse to pay the fine (thus incurring contempt of court charges and jail time). It sounds like the individuals you refer to are already making similar decisions based on their refusal to sign documents they are opposed to (instead of signing them under protest).

You might also check law schools in your area. They are a wealth of legal information and practitioners who might be willing to permit an army of law students and professors work on the case for free (while providing experience and course credit to those doing the work). You could also talk to larger law firms in the area, which may have unmet requirements for pro-bono work that must be done. Some of the biggest cases in recent history concerning religious freedom have been handled by private firms and not public interest firms (like the Dover School Board case involving the teaching of creationism).
posted by greekphilosophy at 10:36 AM on January 11, 2008

I'd check with professor's at University of Wisconsin. Specifically, try contacting Ann Althouse; she'd be about perfect for this. These First Amendment issues are usually very interesting to con law profs who would be willing to help out to at least find someone who could help (and this issue is right in Althouse's wheelhouse: con law, federalism, religion and first amendment). The one problem I see is the short notice. Unless you have a true believer, it's going to be hard to find an attorney to take this one with a setting in one month. There will have to be Motions for Continuance filed; probably a removal to federal court (non-dilatory).

But I would seriously consider contacting Althouse. Professors are great resources for things like this when it lands in their area of expertise.
posted by dios at 10:57 AM on January 11, 2008

Hey everybody, thanks for all the suggestions so far. We did contact the constitutional law clinic department of UW-Madison last fall but nobody there was interested. The only real live university person we got to talk to in all was a really swell guy from Marquette University, he was very helpful suggesting all sorts of places to look for attorneys for this type of thing and none of them would help. I will follow up with the American Planning Association and Ann Althouse. Thank you for the really great suggestions.
posted by mamaraks at 11:34 AM on January 11, 2008

You say you've looked at religious groups (like for instance the Thomas More Law Center), what about conservative ones?

You could try the American Center for Law and Justice, for instance.

Also conservative groups that don't take on cases themselves might be able to help you out with a referal. You'd want to get in touch with Todd Gaziano at the Heritage Foundation for instance.

In fact, the Federalist Society has a referral service for pro bono work.
posted by Jahaza at 12:23 PM on January 11, 2008

Surprisingly, the ACLJ didn't want to get involved, and in case anyone is wondering, nobody at all at any ACLU contact number or email address that I've reached out to will even respond to me. I had really hoped they would find helping these people to be an important enough pursuit. I will check with the Federalist Society and Todd Gaziano. Thanks so much.
posted by mamaraks at 1:39 PM on January 11, 2008

Long shot - wonder if one of the other anabaptist agencies could help? The only one that springs to mind is the Mennonite Disaster Service, who rebuild things after bad things happen. I know the Amish and the Mennonites had a split long ago, but there are similarities in some of the legalities that both groups refuse to follow.
posted by scruss at 2:57 PM on January 11, 2008

As I try the leads you give me, they are so far not working out (I've only checked out two so far). I remain an optimist about finding them a lawyer. I am going to check out each and every suggestion you have given me. There's just got to be a good egg out there somewhere.
posted by mamaraks at 3:12 PM on January 11, 2008

Also, I'm not certain what the Amish faith's stance is on talking with the media but you can always embarrass the building department into seeing things your way ...and in turn, get a local attorney to take some interest in the case. Contact your local newspaper (don't do television, they wouldn't do that story justice). Good luck.
posted by notjustfoxybrown at 3:53 PM on January 11, 2008

Another thought: Contact law schools in your area and ask for the school's resident con law scholar. He or she may have great ideas about colleagues who could be interested in the case.
posted by notjustfoxybrown at 3:55 PM on January 11, 2008

There's a similar case in upstate New York right now. Maybe the public defender for that case could have some other resources or ideas for you to check.
posted by saffry at 4:23 PM on January 11, 2008

You'd think that after the Wisconsin State Journal (latest article there went to AP) and both our local papers each reported several times on the Amish cases (and several letters to the editor locally) we'd have someone knocking willing to help but...no dice. There was also a little blurb on public radio during the state news top-of-the-hour thingy. I've already been in touch with the public defender in NY that saffry mentions (boy do I wish he were in Wisconsin), but I never heard of a 'resident con law scholar' so I guess I'll check it out come Monday. I really like this website. Thanks for all your suggestions everybody, you are so helpful!
posted by mamaraks at 4:41 PM on January 11, 2008

We may be able to help. We are attorneys who primarily work in the defense of religious liberty. I used to be a member of the Wisconsin bar, and even tried a case in Jackson County I think. I am currently in New York. You can take a look at our website at www.storzerandgreene.com and contact me either by phone at the New York number or preferably by e-mail.

Does this problem relate to a reluctance to swear oaths, or is it something entirely different?

Sincerely,
Robert L. Greene
posted by Religious Rights Law at 4:36 AM on January 13, 2008

Dear Mr. Greene, thank you so much for your interest. I am working on an email to you today with all the information and I'll send it to you before the day is over. I get interrupted a lot with my kids, so I do a bit at a time. Looking forward to speaking with you. Thanks so much!
posted by mamaraks at 11:30 AM on January 13, 2008