Date: Thu, 13 Apr 1995 16:42:59 -0500 (CDT) From: Kevyn Jacobs To: "Kansas Queer News [KQN]" Subject: TOPEKA C-J: JUDGE PRESERVES PHELPS COURT RULING FROM THE TOPEKA CAPITAL-JOURNAL APRIL 12, 1995 =============================== JUDGE PRESERVES PHELPS CONTEMPT RULING After Barbara's ruling against pastor and his daughter, Phelps had asked it be set aside. By STEVE FRY The Capital-Journal Shawnee County District Judge Michael Barbara declined Tuesday to void an Oct. 19 contempt finding against the Rev. Fred W. Phelps Sr. and his daughter Margie J. Phelps. Barbara cited Phelps Sr. and Margie Phelps on Oct. 19, saying they acted in contempt of Ihim. Barbara fined Phelps Sr., pastor of Westboro Baptist Church, $1,000 and ordered him to pay half the costs of the contempt hearing. Barbara levied a $500 fine against Margie Phelps and ordered her to pay the other half of the contempt hearing. Barbara also ordered removal of Margie Phelps as counsel representing the Westboro church in a civil lawsuit between it and St. David's Episcopal Church. He also ruled Margie Phelps couldn't practice law in Shawnee County until the sanctions were paid. After the contempt findings, the Phelpses asked Barbara to grant them a new contempt trial, a change of findings in the first contempt action and a change or halt in the contempt sanctions from first contempt hearing. The Phelpses contended the contempt findings should be a set aside because they were at odds with law and procedural requirements, or that the penalties should be voided because the Phelpses weren't notified of the potential penalties against them. The Phelpses questioned whether Barbara should have heard the contempt proceeding when it was linked to him. Barbara denied all those requests Tuesday in a one-sentence decision. Phelps Sr. and Margie Phelps have 10 days to appeal the ruling. Much of the Phelps contempt findings centered on the Aug. 14 transcript of a radio sermon delivered by Phelps Sr. alleging Barbara acted improperly while he was a professor at the Washburn University law school. Barbara said the sole purpose of the transc ript was to intimidate, embarrass and coerce him into recusing himself, Barbara said.