BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON -- In a dispute that has divided a Hamilton synagogue, a judge Friday upheld a June 21 election that returned a majority of the synagogue's trustees to office.
The 11 trustees who were re-elected to the 15-member board had infuriated some members of Beth Israel Congregation in December by deciding not to renew the contract of Rabbi Bruce Adler.
The rabbi's supporters filed a lawsuit challenging the trustees' authority to make that decision without a vote of the congregation and to reject new applicants for membership shortly before the election.
But visiting Judge William Stapleton of Butler County Common Pleas Court ruled that the trustees acted within their rights when they rejected the membership applications of 40 people who had submitted them shortly before the election.
The trustees believed the would-be members had applied only to vote in the controversial election.
Judge Stapleton said the First Amendment protected the trustees' right to determine its members. He said it would be "an improper intrusion" for the court to interfere.
"We're very disappointed," said Carl Morgenstern, an attorney for the group filing the lawsuit and a long-time member of Beth Israel. "In all respect to the judge, we think he's dead wrong."
He said the decision probably will be appealed.
"We consider this to be a resounding victory," said John Hust, attorney for the 68-year-old synagogue.
Judge Stapleton ordered the trustees not to hire a permanent replacement for Rabbi Adler until the appeals process is completed. In the meantime, the trustees can hire a rabbi on a temporary basis to serve the congregation's needs, he said.
Rabbi Adler, who had served the synagogue for 14 years, resigned Feb. 15, two months after the trustees notified him they would not review his contract. The trustees gave him a severance package of about $26,500.
The trustees have not divulged why they did not want to renew Rabbi Adler's contract. The rabbi has declined comment.
When he left, the rabbi wrote a letter to the congregation, which has about 100 members. He said he was resigning voluntarily and urged them to put aside their anger over the situation.
