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Home/Churches and Ministries/Episcopalians File Normal Complaint Against Presiding Bishop Over Massive Litigation Costs

Episcopalians File Normal Complaint Against Presiding Bishop Over Massive Litigation Costs

Katharine Jefferts Schori has violated the Episcopal Church's Constitution and Canons, they say

Written by David W. Virtue | Tuesday, March 18, 2014

“In recent years more than 700 Clergy and 5,000 Christians have petitioned The Episcopal Church and five Episcopal Bishops also requested information and transparency in The Episcopal Church with spending more than $22 million dollars of church funds in 80 or more secular lawsuits against departing churches and dioceses. These lawsuits are ongoing with no solution in sight,” noted the document.

 

A document leaked to Virtueonline says that a group calling themselves the American Anglican Fellowship, (AAF), has filed a complaint with Bishop Clay Matthews, Intake Officer of the Episcopal Church, saying that Presiding Bishop Katherine Jefferts Schori has violated the Episcopal Church’s Constitution and Canons.

The group of current and former members of The Episcopal Church, say that the AAF took this action only after prayerful consideration and the exhausting of all reasonable means of communication and not receiving a single response to their many concerns.

“In recent years more than 700 Clergy and 5,000 Christians have petitioned The Episcopal Church and five Episcopal Bishops also requested information and transparency in The Episcopal Church with spending more than $22 million dollars of church funds in 80 or more secular lawsuits against departing churches and dioceses. These lawsuits are ongoing with no solution in sight,” noted the document.

The group filed the information on December 19, 2013 with Bishop Clay Matthews who later recused himself and replaced by Canon John N. Osgood of New York as did Presiding Bishop Jefferts Schori. Former New York Bishop Mark Sisk has been appointed Canonical Authority. George E. Wade, Esq., also of New York, has been appointed to provide counsel.

The group still awaits a formal response from the Church.

“We framed this document in a caring and loving way that would be acceptable to all, not to discipline, but to achieve an Accord of conciliation as Christ would have us do, to bring an end to this madness of Christians suing Christians,” said the document.

Among the charges by the AAF are:

* That Presiding Bishop Jefferts Schori has violated the Constitution and Canons specifically Canon IV.6.2 and with the understanding that, “by virtue of Baptism, all Members of the Church are called to holiness of life and accountability to one another” (Canon IV.I).

* Many Episcopalians believe TEC has departed from the traditional faith held by the consensus of the Anglican Communion and world Christendom. To remain in unity with the “One holy catholic and apostolic church” (Nicene Creed, John 17:21-23, 1 John 1:3), some have transferred to another Anglican body (e.g., Anglican Church in North America) or to another denomination. Some parishes have departed TEC with their properties after diocesan negotiations. However, in the vast number of situations, the Presiding Bishop and various bishops (her assigns) have filed lawsuits to seize these properties and taken action to extinguish TEC clergy from the ordained ministry who have transferred to another Anglican Church.

* A petition by more than 5,000 Christians, including 697 clergy and 24 bishops, unsuccessfully sought to obtain an explanation from the Presiding Bishop concerning the litigious actions that have squandered an estimated $21.5 million in Church funds – money that should be used for traditional Christian purposes.

* The litigation and punitive administrative actions are a discredit to all as they contradict Christ’s teaching to be charitable and loving towards fellow Christians (Mt. 5:43-48); Secondly that apostolic instructions not to sue other Christians (1 Cor. 6:1-7); policies of past presiding bishops’ allowing parish departures with property; and practices of other denominations (e.g., Presbyterian and Lutheran). When the Israelites were called by God to leave Egypt, they were allowed to leave with their property (Ex. 12:31-36). TEC should do nothing less. Pharaoh’s attempt to get the Israelites and property back had disastrous consequences. The same can happen to TEC. With departing parishes, TEC should have the spirit of Gamaliel — if it is God’s will, these parishes and TEC may someday re-unite (Acts 5:38-39). In the Civil War, TEC split between North and South. After the war, parishes and dioceses re-united.

The AAF cites a number of public reports and articles issued over the past few years describing conduct alleged to violate TEC’s Constitution and Canons. The group cites six alleged offenses.

First. The Presiding Bishop has violated and continues to violate Canon IV.19.2 by seeking an interpretation of TEC canons from secular courts, and (2) Canon IV.4.1(e) requires the safeguarding of TEC property and funds.

Public reports indicate that the Presiding Bishop, acting through her Chancellor’s law firm, and various bishops have initiated (or continued) litigation of over seventy secular lawsuits against dioceses, parishes, clergy, and volunteer vestry members seeking to depart with parish property for which they hold title. These lawsuits include sixteen states: California, Colorado, Connecticut, Florida, Georgia, Illinois, Massachusetts, Nebraska, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and Wisconsin.

Over forty of the lawsuits involve actions against parishioners who voluntarily served as vestry members or other leadership positions. In some cases, the Presiding Bishop and various bishops are seeking personal assets of these parishioners for monetary punitive damages causing undue and unjust personal financial hardship and mental suffering to them. The current estimated cost for TEC litigation exceeds $21.5 million. This estimate would be even higher if it included the money spent by individual dioceses participating in the litigation and that of parishes, dioceses, clergy and lay people being sued by TEC.

Litigation is not how Christians resolve conflicts with each other. Presiding Bishops in the past have not acted litigiously; some diocesan bishops do not wish to act this way today. In 1873, Bishop George Cummings of Kentucky and Reverend Charles Cheney of Chicago met in New York City and, with a number of clergy and laity, left TEC to establish the Reformed Episcopal Church (REC). Research on this event did not reveal any administrative charges or litigation over property by TEC. Today, some dioceses have allowed clergy and parishes to leave to join another Anglican body or the Roman Catholic Church. (e.g., parishes in Dallas, Kansas, and Washington left with property and a Maryland parish left without property).

Read More

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