BELLEVILLE – Associate Judge Julie Katz pulled pastor Curtis Levingston from the pulpit of Mt. Zion Missionary Baptist church for Palm Sunday and kept him out as of Sunday, April 11.
Katz extended a restraining order against him on April 8, a day after starting trial about whether he can return to his position.
She set trial to resume Wednesday, April 14, and continue on April 19 if necessary.
She also ordered the congregation to continue paying Levingston.
St. Clair County threw its weight behind Levingston’s critics before the dispute reached Katz.
Sergeant James Hendricks of Sheriff Rick Watson’s office initiated service of process on March 15, without an active case on the books.
In a box for case number, sergeant Hendricks wrote “Levingston.”
He tried to serve a letter on Levingston four days in a row, three times at dawn, and Levingston turned him away.
In a box for "reason not served," Hendricks wrote a telephone number.
On March 21, still without a case on the books, Hendricks served the letter.
On March 24, as church trustees, Andrea Tolden-Hughes, Nathaniel Anderson, Leo Green, and Brenda Mitchell petitioned for a no contact order against Levingston.
They wrote that on March 13, he locked the doors “in order to stop the members to meet and have a vote to terminate him as pastor.
“The members had to meet in the cold and he was voted out as pastor.”
They wrote that they went to the courthouse, “to have the pastor served that he was terminated.”
Associate Judge Tameeka Purchase denied the petition on the day they filed it.
Mitchell filed a motion for a temporary restraining order in chancery court the next day, on behalf of Mt. Zion, trustees, and members.
She attached a statement under the title of affidavit, with her signature but no date, no witness, and no declaration of an oath.
She wrote that on Sunday, March 21, members couldn’t enter and Levingston didn’t come to the church or hold service.
She wrote that members had a short prayer service on the parking lot.
“The St. Clair County sheriff’s department and the East St. Louis police department were on the scene to serve Curtis E. Levingston his letter stating that he had been terminated as the pastor,” Mitchell wrote.
“Curtis E. Levingston had been dodging the sheriff’s officers and did not come to church for Sunday services.”
She wrote that he conducted a service on Facebook from his home.
“One member at the church showed the sheriff’s officers the Facebook Live service and the officers went to his home and served him,” she wrote.
She wrote that on March 23, in a finance meeting by conference, he stated he would attend church service on March 28.
That was Palm Sunday.
“He further stated that he will be carrying a gun to do bodily harm to the board of trustees or any members if they get in his way,” Mitchell wrote.
“This is a direct threat to the board of trustees and the church membership and therefore, we are scared for our lives.”
Katz entered a temporary restraining order on Friday, March 26, without notice, finding irreparable injury might be caused before notice could be served.
She found the immediate threat of bodily harm outweighed the technical deficiencies in the request for relief.
She waived bond, “for good cause shown.”
She ordered Levingston to stay at least 500 feet from the church at 2235 Bond Avenue and its location at 425 N. 88th Street.
She ordered him to surrender keys to both buildings.
She set a hearing on a preliminary injunction April 5.
On March 28, Palm Sunday, Levingston did not lead services at Mt. Zion.
On March 31, attorney Van-Lear Eckert of Belleville entered an appearance for plaintiffs and amended the complaint.
He softened the allegation that Levingston threatened bodily harm, by alleging that he threatened members.
He claimed more than 25 percent of members voted to remove Levingston, terminating his employment in accordance with bylaws.
“Mt. Zion has a legal tangible interest in selecting the clergy of their church in accordance with its governing laws,” Eckert wrote.
On April 1, trustee Anderson addressed a letter to “Dear Zionites,” stating a meeting would be held Saturday, April 3.
“There is need to collect the names of those who are in support of the No Confidence Petition on Reverend Curtis E. Levingston, voted on March 13,” Anderson wrote.
Levingston’s lawyer, Shira Truitt of Sycamore Hills, Mo. moved to dismiss Eckert’s complaint on April 5.
She attached an affidavit of Levingston, stating he didn’t threaten to carry a gun to anyone at any time and didn’t threaten to cause bodily harm on Palm Sunday.
Truitt claimed Anderson purported to have 50 signatures but refused to disclose the identity of members who signed.
“Plaintiffs were fully aware, at the time this matter was filed, that they did not have the requisite amount of signatures to pursue this matter,” Truitt wrote.
She claimed Levingston and deacons met on March 16, and removed Anderson, Mitchell and Tolden-Hughes as trustees.
She claimed Anderson, deacon Richard Bonner, and Susie Green signed the termination letter after they received notice that they were terminated.
She claimed that on March 28, the sheriff’s office pulled Levingston over using lights and sirens.
She claimed no lawful reason was given for the stop, no ticket or written warning was given, and no search for a gun occurred.
She asked for $10,000 bond.
On April 5, Katz held a brief hearing and continued it to April 7.
On April 6, Eckert claimed 39 of 119 members voted to remove Levingston.
He claimed Katz could apply neutral principles to resolve the dispute in the same way she would resolve a secular dispute.
On April 7, in court, Katz said Levingston would abide by a vote if it was done right.
She said there would be no secret ballots.
She asked, “Was it done the right way?”
She said plaintiffs wanted to build membership but that, “This isn’t going to help their membership if it gets out there.”
She asked if trustees were validly removed.
“The whole thing, there’s problems with all of it,” Katz said.
She said she wouldn’t force negotiations.
She said allegations were made to her under oath.
She said Levingston would be in the pulpit while the case proceeds.
She cited a case where a judge appointed a custodian for a church.
She told Eckert and Truitt to write an order.
She said nobody would admit any allegation.
Eckert said they needed a third party.
“Put judge Radcliffe on it,” he said.
Katz said, “I don’t want them spending church money on attorney fees. Maybe everyone can stay, maybe not.”
Katz said they could take up the termination of trustees first and the pastor later.
She allowed six members to enter.
Katz said Truitt raised questions about procedure.
She asked if the trustee removal was valid and said there were good questions on both sides.
She said attorney fees were not a wise expenditure.
She said the question was growth of membership and there was a member of the press there.
She said it would be wise to resolve it.
She said a judge was asked to save a church and the judge appointed a custodian.
“The appellate court affirmed it but I don’t want to run your church,” she said.
She sent Eckert’s group to another room and left Truitt’s group in her court.
Katz returned later that day but wise resolution hadn’t happened.
She decided to hold trial, and Truitt began by quoting a decision from 1929 that appointment and removal of ministers was beyond the court.
Truitt said reasons for Levingston’s termination were mostly ecclesiastical and the court is precluded from inquiring into ecclesiastical matters.
Eckert said he wasn’t asking Katz to get involved in whether Levingston does a good job on Sunday morning.
Truitt said former trustees were terminated in accord with bylaws and had no right to sue in the church’s name.
“Notice didn’t go to everybody and that has to happen,” Truitt said.
Katz began taking testimony at 3:10 p.m.
Eckert called assistant clerk Joan Richmond, who sat on Levingston’s side, and asked her job.
She said she keeps accurate records of membership.
He asked if she was presented with information about a meeting and Richmond said, “They didn’t give me one because they knew I wasn’t going to sign it.”
He asked her to define good standing, and her answer included giving money.
He asked how members would know that and she said, “Oh they know.”
He said that was speculation.
He asked if children are members, and she said yes.
He asked if every child must give money, and she said yes.
He kept her on the stand so long he left no time for a second witness.
Katz extended the temporary order on April 8, “for good cause shown.”