SAN JOAQUIN: Court ruling 'tentatively' favors Episcopal Church, diocese
Episcopal News Service. May 6, 2009 [050609-04]
Pat McCaughan
A Fresno County, California, judge, who tentatively ruled that Bishop Jerry Lamb and not John-David Schofield is the legitimate episcopal authority in the Diocese of San Joaquin, is expected to make a final determination within the next several days.
One day before a scheduled May 5 hearing of the Diocese of San Joaquin v. Schofield, California Superior Court Judge Adolfo M. Corona released a tentative summary judgment, a customary court practice. The full text of Corona’s tentative summary judgment is available here, beginning on page 4.
Noting that "the Episcopal Church has spoken as to who holds the position of Bishop of the Diocese of San Joaquin," Corona indicated that he would rule that Lamb has rights to the diocese's property-holding entities, including the Corporation Sole, the Diocesan Investment Trust, and the diocese's Episcopal Foundation.
Lamb was elected provisional bishop shortly after Schofield and a majority of the diocese’s congregations voted in December 2007 to realign with the Argentina-based Anglican Province of the Southern Cone. They attempted to retain diocesan property and assets.
Corona's temporary ruling indicated that the amendments made in 2006 and 2008 to the diocesan constitution and the articles of incorporation of the Corporation Sole were void. Those amendments had removed all references to the Episcopal Church and instead inserted the Anglican Province of the Southern Cone, and removed the required statement that the diocese accedes to the Episcopal Church's Constitution and Canons. The ruling also indicated that another amendment made in 2008 changing the name of the corporation to "The Anglican Bishop of San Joaquin" was void.
The court tentatively ruled that it would defer to the Episcopal Church in issues of governance and administration, including Schofield’s deposition. Schofield had challenged Lamb’s election as bishop on procedural grounds such as notice and quorum, "but this court has no power to rule on the validity of the Episcopal Church’s election of its Bishops," the judge said.
The court also indicated that it would rule that the continuing diocese of San Joaquin -- some 19 congregations and faith communities -- is "not a new organization that 'split off' from [from the original diocese]. It is the older organization from which defendants removed themselves."
In late March 2008, Schofield was deposed after the church's Title IV Review Committee, along with a majority of the House of Bishops, determined he had abandoned the communion of the Episcopal Church. Presiding Bishop Katharine Jefferts Schori, having concluded that there was no remaining ecclesiastical authority in the diocese, called a special meeting of the diocesan convention at which Lamb elected as provisional bishop.
Schofield had resigned from the House of Bishops earlier in the month. "Rather than force the House of Bishops to a vote, I herewith tender my resignation as a member of the House of Bishops of The Episcopal Church effective midnight EST, March 7, 2008," Schofield wrote in a letter to the house.
At the time Schofield asserted that "I am a bishop in the House of Bishops of the Southern Cone and I am the Bishop of the Diocese of San Joaquin. The Episcopal Church has no jurisdiction or authority to affect my status in any of these capacities."