Patrick McCollum Not Pursuing Supreme Court Appeal, Shepherding New Rights Cases

Last night on the PagansTonight show special guest Patrick McCollum, a noted chaplain and activist within the Pagan community, announced that he would not be pursuing a Supreme Court appeal to a recent 9th Circuit Court ruling that upheld a lower court decision stating he doesn’t have standing to challenge California’s discriminatory “five faiths” policy. This policy limits the hiring of paid chaplains to Protestant, Catholic, Jewish, Muslim, and Native American adherents.

Patrick McCollum on the cover of Witches & Pagans.

Patrick McCollum on the cover of Witches & Pagans.

“I have decided not to go to the Supreme Court. My primary reason for deciding not to go to the Supreme Court is that there would only be two issues the court would allow us to bring forward out of the whole case. The one issue is not if we [Pagans?] have rights, but do inmates generally have religious rights. So if I went and I lost I would take away the religious rights of every inmate in every correctional institutuion [...] but if I won all I would get is that we had rights, but I would not win our case.”

Instead of going forward in challenging the 9th Circuit Court decision, McCollum has been nurturing new cases brought by Pagan inmates that would also challenge the California chaplaincy policy. According to McCollum, one of those cases is now before the 9th Circuit, with more waiting in the wings if necessary.

“I’m currently in a place where if an inmate brought a case, my case could go forward [...] I saw this coming down the pike, and so I have helped inmates bring forward cases that meet the criteria to make it so my case is viable and valid [...] I’ve managed to keep those cases under the radar and the first of those cases his the 9th Circuit Court of Appeals last week. [...] If the court rules that those inmates who are on that case do have a right to a chaplain then I can walk right back into the court and forget the ruling made by the 9th Circuit or anybody else.”

McCollum also noted that Jones Day, the law firm that has been representing his case, has agreed to not only continue working his case pro bono, but has also committed itself to represent all these other cases that could result in clearing the way for Pagan chaplains (and by extension, other minority faith chaplains). You can listen to the entire PagansTonight interview, here.

I’d like to thank the PagansTonight crew for bringing this vital update to the Pagan community, and Patrick McCollum for his tireless service on this important issue. This seems like a very hopeful move forward from the disappointing 9th Circuit decision. For more background on this case, here are some highlights from my coverage.

In addition, the latest issue of Witches & Pagans (pictured above), available in print or as a digital download, has a nice summary of the case, and an interview with Patrick McCollum regarding it, and his work.

Wiccan Chaplain Accused in Bizarre Hostage Scheme

The newswires have just lit up with the story of Jamyi J. Witch, a Wiccan chaplain at Oshkosh Correctional Institution, who is accused of sexually assaulting an inmate, illegally transporting drugs, and hatching a fake hostage scheme to procure a transfer for her and an inmate.

Jamyi Witch

“The charges stem from a police investigation of an Aug. 10 incident in which Witch, a chaplain at the prison, claimed to have been taken hostage by an inmate. [...]  The inmate told Witch about being jumped by three men while he was in his cell on Aug. 7 and said he needed to get out of Oshkosh. She told him she wanted to leave Oshkosh too because of threats from other staff and she had a plan to get them both out of the facility. Witch told the inmate the plan, which involved him coming into her office, blocking the door and acting like Witch was his mother. She also discussed giving him pills to make him sleepy and allow the guards to enter her office. The inmate said he left his cell on Aug. 10 without signing out and went to Witch’s office. He blocked the door with a board from a bookshelf and Witch’s wheelchair before requesting Witch have sex with him. She complied.”

The story has already been picked up by Gawker and the Daily Mail, who are having a field day. This is in addition to local coverage of the incident. This is not Witch’s first time in the spotlight, she was involved in the “Wisconsin Witch Hunt” scandal of 2001-2002, when now-governor Scott Walker tried very hard to get the chaplain fired from her position.

“Walker objected publicly on the basis of her religion to the chaplain’s hiring, saying: “Witch’s hiring raises both personal and political concerns. Not only does she practice a different religion than most of the inmates — she practices a religion that actually offends people of many other faiths, including Christians, Muslims and Jews.” Walker threatened to launch a government investigation of the chaplain’s hiring, and was joined by Representative Michael Huebsch of West Salem, in his efforts to terminate the woman’s employment. “Taxpayers shouldn’t be forced to accept this hocus-pocus,” Huebsch stated. Huebsch proposed to delete the state appropriation which funded Witch’s position, even though in the past he had repeatedly advocated increasing state funding for prison chaplains. Walker and Huebsch continued their pursuit of the case over the 2001-2002 Christmas holidays. After several weeks of unwanted publicity, the chaplain began to receive death threats and reported that on one day alone she had received 432 emails and 76 phone messages at her home.”

It should be noted that Jamyi Witch was well-qualified for the position, having a masters degree in theology from the University of Wisconsin in Madison. The question now is if the inmate’s testimony is accurate, and if it is, why Witch, who served for nearly a decade in this position, would suddenly act is such drastic fashion. One that could potentially set back the cause of Pagan and Wiccan chaplaincy in prisons. We will be following up on this story, and will be sharing reactions from Pagan leaders and chaplains soon.

ADDENDUM: A.C. Fisher Aldag has found an interesting news report from the August incident.

“Department of Corrections spokesman Tim Le Monds says it happened about 8:30 a.m. He says prison staff members were able to persuade the inmate to open the door and come out after an hour. He says staff members could see into the room the whole time and could have gotten into it in seconds if necessary.

If that’s true, doesn’t that instantly invalidate many of the charges being made here? Especially the charge of them having sexual intercourse? Wouldn’t that be an event that would make staff member access the room “in seconds”? I think there’s a lot we aren’t being told in regards to this story.

 

Unleash the Hounds! (Link Roundup)

There are lots of articles and essays of interest to modern Pagans out there, sometimes more than I can write about in-depth in any given week. So The Wild Hunt must unleash the hounds in order to round them all up.

That’s it for now! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.

Unleash the Hounds! (Link Roundup)

There are lots of articles and essays of interest to modern Pagans out there, sometimes more than I can write about in-depth in any given week. So The Wild Hunt must unleash the hounds in order to round them all up.

That’s it for now! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.