The state Supreme Court on Tuesday ordered a district court judge to restore references to God in the words said when he enters the courtroom and when witnesses who swear to tell the truth.
In an order signed by Chief Justice I. Beverly Lake Jr., the court sided with officials from Davidson and Iredell counties, who complained that Judge James M. Honeycutt had taken it upon himself to change courtroom procedures set down in state law.
The court ordered Honeycutt to stop using an oath he had revised himself to remove the phrase "so help you God," and administer the oath that is spelled out in state law. Honeycutt also had stopped asking that the oath be sworn on a Bible.
Though the standard oath in court includes references to God, state law also allows that "when a person to be sworn shall have conscientious scruples against taking an oath" he may instead "affirm" that he is telling the truth.
The Supreme Court also ordered the judge to allow bailiffs to open court with a proclamation that includes the customary phrase, "God save the state and this honorable court." Honeycutt had threatened to hold Iredell County bailiffs in contempt of court if they have continued to use the phrase, according to a complaint by Brian Shipwash, the Davidson County clerk of court; Rena Turner, the Iredell County clerk of court; and Phillip Redmond, the Iredell County sheriff.
In March, Honeycutt told court officials that he planned to begin using a neutral oath in his courtrooms the following month because of the increasing number of non-Christians served by the court system.
In May, Lake called Honeycutt's decision to act on his own "deplorable," but said he lacked the authority to reverse Honeycutt's orders unless someone filed a complaint.
Honeycutt did not immediately return a message seeking comment. A court clerk said he was hearing cases Tuesday afternoon.
District courts hear traffic and misdemeanor cases, civil cases like divorce, custody and child support and lawsuits involving less than $10,000.
Honeycutt was elected in 1990; he is one of nine judges who preside over District Court in Alexander, Davidson, Davie and Iredell counties -- an area south of Winston-Salem. His term expires in 2006.
Shipwash said court clerks in Davidson and Iredell counties and bailiffs employed by Redmond's department have all refused to abide by Honeycutt's order.
"Basically the judge swore in his own witnesses," Shipwash said. "I think this decision returns this court to the people instead of like a dictatorship of one judge."