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those considerations for the education of their children,

then go to them.

To be perfectly frank, my initial reaction was that

if he was adjudicated in willful contempt of the court, that

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he shouldn't spend the 93 or 94 days in jail, but that he

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should probably spend a day for every individual that was.

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in jail, which is 585 days, if I counted them correct.

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9

10

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With Mr. Moravec's recommendation, now I feel that maybe

that's a little too harsh. But by the same token, he comes

rules and laws and orders that have been laid

down in this case and others for the benefit of the children

of this state, our minds of the future, he comes in today

and is still violating them.

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If there is one child that is kept out of school

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16

and kept at home in the next month and a half, and by virtue of that does not reach his or her full potential in

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life, I'd suggest that he in fact has committed a crime

that is hideous. Now the children are at home with their

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19

; parents. They have no formal schooling. And I take it that

that's how it will be until July or August or September,

they'll not be in any school.

So he will hold the keys to the jail in some fashion in the order that I'm going to enter. At least for

the next week or so. If the Court can be assured that each

and every child that was in the Faith Christian School is

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enrolled in an approved

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a school approved by the Nebraska

Department of Education, not necessarily a public school, it

can be a private school, but it must be approved.

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5

The previous sanction in this case is a punitive sanction and was four months. The sanction I impose today

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is eight months. I will indicate at this time from the

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bench that the time commences immediately.

But if I'm

8

assured of those things relating to the children, I will

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then release him from jail and he will return on September 1st

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to complete the sentence. At that time, assuming that the

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school is in compliance, I would approve a work release
program that would enable him to leave the jail each day

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to not only operate the school, but also serve as pastor
to his congregation. If he furnishes proof and satisfaction

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to the Court that the children are enrolled in an approved

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school, and I'm speaking now of the next week or so, counsel,

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and he is released, that release will be conditioned upon

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the posting of a $10,000.00 bond for his reappearance on
September 1st.

Although I believe it would not show as a matter

of record, various letters and documents mailed to me, I think, as well as the County Attorney, indicated that during

the last incarceration the defendant Sileven authored an article and ultimately marketed autographed copies of it for

a donation of $20.00 or more. That's perfectly within his

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rights to do on his own time; but this sanction, Sheriff

2

Tesch, his incarceration to jail, he will not be provided

writing or recording materials except as may be needed for personal correspondence.

The tragedy of this whole thing is the victims

are your children.

Anything more, Mr. Moravec?

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with our client in the juyr room' before the sheriff takes

i

APPENDIX

JUDGE CASE'S ORDER, APRIL 29, 1979

FILED DISTRICT COURT CASS COUNTY, NESH.

IN THE DISTRICT COURT OF CASS COUNTY, NEBRASKÅP 11 PM 1:25

Now on the 16th day of July, 1979, the above entitled came before the Court for hearing on the merits. For the purposes

of the hearing the plaintiff State was present by James F. Begley,

Deputy County Attorney and Ronald D. Moravec, County Attorney of Cass County, Nebraska. The defendants were present by

their counsel, Charles Craze of Cleveland, Ohio, and Gary Dunlap of Milford, Nebraska.

Evidence was adduced over a period of three days, the

parties resting on the 18th of July.

Counsel agreed to submit

arguments in the form of briefs, the same being permitted by

the Court with the plaintiff being limited to three weeks from

the 18th and the defendants to have a period of ten days thereafter in which to file a reply brief.

The Court having received and read the briefs and being well and fully advised in the premises finds:

1. That the defendant Faith Baptist Church, through its officers and directors, is conducting a private school in Louisville, Cass County, Nebraska;

2. That said school is being operated in violation of the rules and regulations of the Department of Education and the statutes of the State of Nebraska in that neither the superintendent nor the principal thereof hold a Nebraska administrative and supervisory certificate;

3. That the defendants Tressie Sileven, Martha Gilbert and Helen Aldrich are performing the functions of teachers in said school without holding a Nebraska teaching certificate as required by law;

4. That none of the administrators or teachers have filed certificates with the county superintendent of Cass County, Nebraska, as required by law;

5. That the administrators of said school have failed to file a fall approval report in each of the years that the school has been operated in violation of the rules and regulations of the Department of Education;

6. That none of the individual defendants who are teaching in the school have filed a complete transcript of their college credits as required by the rules and regulations of the Department of Education;

7. That the defendant Faith Baptist Church and its officers, Reverend Everett Sileven, Reverend Edgar Gilbert,

to-wit:

Kenneth Heard and Dave Carlson have failed to seek initial approval status as an approved school system as required by the rules

and regulations of the Department of Education;

8.

That each of the individual defendants in concert or