Holy Stewardship - News of Legal Actions

US Supreme Court issues decision in Lutheran case
On January 11, 2012 the U.S. Supreme Court decided HOSANNA–TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al. A copy of the Court’s opinion is HERE. The Court declared that the ministerial exception bars an employment discrimination suit brought by a minister who challenged her church's decision to fire her. The Court's unanimous opinion also reaffirmed the long-standing constitutional principles, cited by the Episcopal Parties, that a hierarchical church's rights to choose its local clergy and to protect the use of its historic cathedrals and property are paramount First Amendment concerns. The Most Rev. Katharine Jefferts Schori, the Presiding Bishop of The Episcopal Church, filed an amicus brief in support of the prevailing Lutheran parties.

Legal news from Virginia
The trial court in Virginia ruled in favor of the Church and the Diocese regarding nine breakaway congregations, including the Falls Church and Truro churches. Read the full story here, and here is a copy of the opinion.

Texas Supreme Court Notes Probable Jurisdiction of Fort Worth Case
On January 6, 2012, the Texas Supreme Court noted probable jurisdiction of the breakaway defendants' appeal from Judge John P. Chupp’s February 8, 2011 partial summary judgment in favor of The Episcopal Church and the local officials and congregations of the Episcopal Diocese of Fort Worth. The Texas Supreme Court will set a briefing schedule and date for oral argument. (more...)

Statement on October 20 Order on Supersedeas and Injunctions
Court Protects All Episcopal Property and Accounts During Appeal: Signs Episcopal Parties' Requested Order, Sets Six-Figure Bond, and Orders Monthly Financial Reporting from All Southern Cone Defendants. (more...)

New filings for hearing on October 20
In preparation for the hearing scheduled for October 20, the Episcopal Plaintiffs and the breakaway Defendants filed additional materials for the court’s consideration. (more...)

Hearing Set on Supersedeas Bond and Injunction Pending Appeal

[Note: since hearing date was first announced, there has been a change. Due to a scheduling conflict of one of the breakaway Defendants’ attorneys, the hearing on the Local Episcopal Parties’ Motion to Tender Orders has been reset for Thursday, October 20, 2011 at 9:30 a.m. in the 141st District Court in Fort Worth.]

Despite four months of negotiations, the parties have failed to reach an agreement on the conditions that the breakaway Defendants must meet in order to stop immediate implementation of the February 8, 2011 summary judgment in favor of the Episcopal Parties. District Judge John P. Chupp will hear the Local Episcopal Parties’ Motion to Tender Orders on Thursday, October 6, 2011, at 11:00 a.m. in the courtroom of the 141st District Court in Fort Worth. At that hearing Judge Chupp will consider the amount of a supersedeas bond and impose other conditions on the breakaway Defendants if they are to use Episcopal property during their appeal from the summary judgment. Both sides have submitted proposed orders to Judge Chupp.

July 21 Hearing Rescheduled for July 28
The ten-minute hearing on the Local Episcopal Parties’ Motion to Tender Orders has been rescheduled from July 21 to July 28, 2011 at 9:00 a.m. in the Courtroom of the 141st District Court in Fort Worth.

Local Episcopal Parties Submit Proposed Orders to Judge Chupp
On June 24, 2011, the Local Episcopal Parties filed their Motion to Tender Orders with the 141st District Court of Tarrant County. The hearing on the motion is set for Thursday, July 21 at 10:30 a.m., for about ten minutes. (more...)

Parties File Jurisdictional Statements in Texas Supreme Court
On June 16, 2011 the Episcopal Parties filed their response to the breakaway defendants’ statement of jurisdiction in the Texas Supreme Court. (more...)

Hearing on Supersedeas Recessed
At the hearing in May 19 on the supersedeas and injunction motions, Judge John P. Chupp heard testimony from witnesses for the Local Episcopal Parties, including experts on real property and forensic accounting; considered affidavits from the Defendants; and heard legal arguments from attorneys on both sides. (more...)

Local Episcopal Parties Prepare for Hearing on Southern Cone Motion to Set Supersedeas Bond and Motion for Additional Protection
On 2:00 p.m. on Thursday, May 19, 2011, Judge John P. Chupp of the 141st District Court of Tarrant County, Texas will hear evidence and legal arguments on three motions. (more...)

Judge Chupp Resets Supersedeas Hearing for May 19, Orders Discovery
On April 28, Judge John P. Chupp granted in part the Local Episcopal Parties' Motion to Continue and for Additional Protection and reset the hearing on the Defendants' Motion to Set Supersedeas and the Local Episcopal Parties' Motion for Additional Protection for May 19, 2011. (more...)

Change in Scope of April 28 Hearing
In a telephonic hearing on April 27, 2011, Judge John P. Chupp told the parties that, on April 28 at 2 p.m., he will hear the parties' arguments about whether to allow the Episcopal Parties to conduct discovery on the factual issues raised in Defendants' Motion to Set Supersedeas Bond and the Local Episcopal Parties' Motion to Continue Hearing on Supersedeas and for Additional Protection. He indicated that the parties should not bring witnesses to put on testimony about the amount of any required supersedeas bond or about additional protection for the property that might be required during the appeal.

Episcopalians Seek Additional Protection for Church Property While on Appeal
On April 25, 2011 the Southern Cone Parties filed in the 141st District Court of Tarrant County a motion to set supersedeas bond at zero dollars ($). (more...)

Insurance Company Sues Iker-Led Diocese
On April 25, 2011 Philadelphia Indemnity Insurance Company, which has issued directors' and officers' liability insurance to the Episcopal Diocese of Fort Worth, sued the break-away faction led since November 15, 2008 by former Bishop Jack Leo Iker. (more...)

Litigation Heats Up in Several Courts
[April 20, 2011] The litigation involving the Diocese, Corporation, Endowment Fund, and its parishes and missions against former leaders who left the Church is moving forward on several fronts in the past two weeks. (more...)

Ohio Court Rules for Episcopalians
On April 15, 2011, another court joined the long list of courts around the nation ruling that breakaway factions leaving The Episcopal Church cannot violate their oaths and seize Church property. (more...).

Court severs February 8, 2011 Order for Appeal
On February 8, 2011, the Honorable Judge John P. Chupp affirmed that the loyal Episcopal parties recognized by The Episcopal Church are the legally entitled representatives of the Episcopal Diocese of Fort Worth and its historic churches. (more...)

Local Episcopal Parties File New Pleadings and Supplemental Motion for Partial Summary Judgment
On March 31, 2011 the Local Episcopal Parties filed amended pleadings in the 141st District Court of Tarrant County, Texas. The pleadings (1) add a new defendant, Jude Funding, Inc., and (2) seek supplemental declarations and injunctive relief consistent with the Court's February 8, 2011 partial summary judgment. (more...)

Statement on 3/31/11 Hearing
On March 31, 2011 Judge John P. Chupp heard arguments on the Southern Cone Parties' Motion to Sever and Stay Proceedings. The judge declined to rule from the bench and announced that he wanted to review new filings before ruling. (more...)

Bp. Ohl outlines current plans for the continuing diocese
In an affidavit signed March 21, Bp. Ohl describes current planning to develop and continue the mission of The Episcopal Church in the 55 congregations of the diocese, stating that a "central element of this plan is for reconciliation with the many worshipers who will return to or remain in the pews." Click here to read his affidavit.

Local Parties file motion to compel
On March 25, 2011 the Local Episcopal Parties filed a motion to compel discovery from the Southern Cone parties. Click here to read a copy of the motion. A date for a hearing on the motion has not yet been set.

In other legal news, the parties have filed an agreement to preserve documents relating to the diocesan case pending in the 141st District Court of Tarrant County, Texas. The written agreement, signed by counsel of record and filed with the clerk pursuant to Rule 11, Texas Rules of Civil Procedure, is enforceable by the court.

Austin Court of Appeals Rules for San Angelo Episcopalians
On March 16, 2011, the Court of Appeals in Austin issued its opinion affirming the trial court's summary judgment in favor of the Diocese of Northwest Texas and the continuing Good Shepherd Episcopal Church in San Angelo. (more...)

Amended order entered - 020811
After a hearing on February 8, 2011, the Hon. John P. Chupp, judge of the 141st District Court of Tarrant County, Texas, entered an amended order affirming his rulings on January 21, 2011 in a form agreed to by all the parties. (more...)

New date set for hearing
On January 25, 2011 the Southern Cone parties filed Objections to the Form of the Summary Judgment Orders granting the summary judgment motions of the Episcopal Parties on January 21. (more...)

Judge Grants Episcopal Parties' Motions for Summary Judgment and Orders Surrender of Diocesan Property
On Friday, January 21, 2011, The Honorable Judge John P. Chupp granted the Local Episcopal Parties' and The Episcopal Church's motions for Summary Judgment. (more...)

Summary Judgment hearings held
On Friday, January 14, 2011, the Hon. John P. Chupp of the 141st District Court of Tarrant County considered the motions for summary judgment in the dispute between the Episcopal parties and the Southern Cone parties, former members of the Episcopal Church. (more...)

Episcopal Parties Make Final Filings in Preparation for January 14 Hearings
On Tuesday, January 11, 2011, in preparation for the upcoming hearings in the 141st District Court of Tarrant County, the Episcopal Parties filed various responses and objections to the filings of the Southern Cone parties. (more...)

Parties File Summary Judgment Responses in Diocesan Litigation
On January 7, 2011 the Episcopal Parties filed responses to the motion for partial summary judgment filed by the faction of former Episcopalians led by former Bishop Jack Iker. The responses, filed in the 141st District Court of Tarrant County, were filed by The Episcopal Church, the Local Episcopal Parties (Bishop Ohl and other individual diocesan officials), and Episcopal Congregations (Episcopal parishes and missions, with clergy and vestry members from those congregations). (more...)

Federal Judge Issues Stay of Diocese’s Trademark Case
On January 6, 2011 U.S. District Judge Terry Means stayed the trademark case filed in his court by the Episcopal Diocese of Fort Worth against its former bishop, Jack Iker. (more...)

Episcopalians Challenge Authority of Attorneys for Breakaway Factions
The Episcopal parties filed motions in the 141st District Court of Tarrant County to challenge the authority of the attorneys for the break-away Southern Cone factions. The motions seek to strike the pleadings of these attorneys who claim to represent the historic Episcopal Diocese of Fort Worth and historic entities of the diocese. (more...)

Court rules in favor of Episcopal Church in El Paso
On December 16, 2010 the district court in El Paso County, Texas signed a final summary judgment in favor of The Episcopal Church and its Diocese of the Rio Grande against a faction formerly with St. Francis Episcopal Church that attempted to control parish property after they left the Church in October 2008. (more...)

Additional filings in partial summary judgment case submitted
On December 21, 2010 the Local Episcopal Parties (Bishop Ohl and other diocesan officials) filed amended documents in preparation for the January 14, 2010 hearing on their Amended Motion for Partial Summary Judgment. (more...)

Update on Diocesan trademark case
On December 20, 2010 U.S. District Judge Terry R. Means issued an order staying the proceedings in the Diocesan trademark case, Episcopal Diocese of Fort Worth v. Iker, pending in the U.S. District Court for the Northern District of Texas, Fort Worth Division. As a result the court will consider the motions to intervene filed by the Iker-related Southern Cone factions calling themselves the "Episcopal Diocese of Fort Worth" and the "Corporation of the Episcopal Diocese of Fort Worth" before the court considers the Episcopal Diocese's motion for partial summary judgment. Read a copy of the order here.

Defendant Jack L. Iker Files Delay Motion in Federal Court
On Thursday, December 16, 2010, Defendant Jack L. Iker, former bishop of the Episcopal Diocese of Fort Worth, filed a delay motion in United States District Court, Northern District of Texas, Fort Worth Division, attempting to put off answering the Episcopal Diocese of Fort Worth’s motion for partial summary judgment by seeking "an emergency stay." (more...)

Bishop Ohl Files Motion to Compel Southern Cone Faction to Produce Property Ownership Records
On Tuesday, December 16, 2010, counsel for Bishop C. Wallis Ohl filed a motion to compel the Southern Cone faction's production of documents related to ownership of diocesan and parish property in the case pending before Judge John P. Chupp, presiding judge of the 141st District Court of Tarrant County, Texas. (more...)

Episcopal Diocese of Fort Worth Files Federal Motion for Partial Summary Judgment
On Monday, December 13, 2010, the Episcopal Diocese of Fort Worth filed a Motion for Partial Summary Judgment with the Hon. Terry R. Means, District Judge in the Northern District of Texas, to protect its federally-registered name and seal from infringement by former bishop Jack Iker. (more...)

Judge John P. Chupp Disposes of Motion to Disclose Potential Conflicts
On Thursday, December 9, 2010, the Hon. John P. Chupp, judge of the 141st District Court, disposed of the latest procedural motion filed by attorneys for former Bishop Jack L. Iker and other former diocesan officials. (more...)

California Appeals Court Recognizes Episcopal Church’s Determinations in San Joaquin Litigation – Decision Strongly Affirms Position of Fort Worth Episcopalians
On November 18, 2010, the Court of Appeal of the State of California, Fifth Appellate District, issued its long-awaited opinion on the appeal from the partial judgment rendered in the dispute between the Episcopal Diocese of San Joaquin and its former bishop. The decision strongly affirms the position of the Episcopal Diocese of Fort Worth in its pending litigation with its former bishop and other former diocesan officials. (more...)

Episcopal Parishes and Missions Join Diocesan Litigation
On Friday, November 12, 2010, ten continuing Episcopal parishes and 38 continuing missions of the Episcopal Diocese of Fort Worth were added as parties to the diocesan litigation pending in the 141st District Court of Tarrant County in Fort Worth. (more...)

New Filings Focus on the Merits
The Episcopal Church and local Episcopal parties recently filed updated pleadings and motions for summary judgment in the case pending against former diocesan leaders in the 141st District Court, Tarrant County, Texas. (more...)

Trademark Suit Filed in U.S. District Court
On September 21, 2010 the Episcopal Diocese of Fort Worth filed a complaint in U.S. District Court in Fort Worth against its former bishop, Jack Leo Iker, seeking damages and an injunction against his use of the name "Episcopal Diocese of Fort Worth" and the diocesan seal, both continually in use by the Diocese since 1983. The case was assigned to U.S. District Judge Terry Means. (more...)

September 14, 2010
On September 14, 2010 the Southern Cone parties failed in their attempt to obtain a ruling that they, and not the Episcopal parties, were the continuing "Episcopal Diocese of Fort Worth" and "Corporation of the Episcopal Diocese of Fort Worth." (more...)

September 3, 2010
Two significant actions have occurred in the litigation in which the Episcopal Diocese of Fort Worth is involved. First, on August 13 and August 27, 2010, several amended pleadings were filed in the 141st District Court of Tarrant County, in part to comply with the June 25, 2010 Court of Appeals decision. (more...)

August 13, 2010
On August 13, 2010 The Episcopal Church and the Bishop, Standing Committee, Corporation Trustees, and Trustees for the Fund for the Endowment of the Episcopate filed a second amended petition, adding new parties to assert claims for declaratory relief against the Southern Cone officials, in their individual and official capacities, who still maintain possession and control of the real and personal property of the Diocese, Diocesan Corporation and Endowment Fund. As stated in earlier pleadings, church property accumulated in the 170+ years before these officials left The Episcopal Church must be used for the mission of The Episcopal Church, not their new church. Click here to read the petition.

June 25, 2010
The Second Court of Appeals in Fort Worth issued an opinion late Friday, June 25, granting the Southern Cone parties' petition for writ of mandamus regarding the order of the 141st District Court ruling on the Southern Cone parties' Rule 12 motion. (more...)

June 2, 2010
At a hearing on Wednesday, June 2, 2010, in the 355th District Court in Hood County, attorneys for the Episcopal Diocese of Fort Worth and attorneys for the Southern Cone entities presented arguments on several procedural matters in the case regarding St. Andrews Episcopal Church and the Cynthia Brants Trust. The Honorable Ralph H. Walton, Jr., ruled in favor of the Southern Cone entities on two matters and agreed to hear motions for summary judgment from both parties at the same time. No date was set for that hearing.

April 27, 2010
The Second Court of Appeals heard oral arguments on the mandamus proceeding for the Tarrant County case on Tuesday, April 27. Both sides presented their statements with few questions from the panel of three judges. There is no deadline for the court to issue its ruling, which could come any time in the next few months. You can hear the entire proceeding here.

March 16, 2010
The Court of Appeals has set oral argument on the mandamus proceeding for the Tarrant County Case for Tuesday, April 27, 2010 at 1:30 p.m. Click here to read a copy of the order.

March 12, 2010
The Court of Appeals has ordered oral argument on the petition for mandamus but has not yet set a date for that argument. When that information is available we will update the website.

March 3, 2010
A response was filed on March 3 in the Court of Appeals regarding the mandamus proceeding out of the Tarrant County case. Note that it includes in the appendix a copy of the summary judgment out of the San Angelo case. Click here to read the full text of the response.

January 19, 2010
Response to petition for writ of mandamus filed
On January 19, 2010 the Episcopal Diocese of Fort Worth, the Corporation of the Episcopal Diocese of Fort Worth, and their attorneys filed with the Fort Worth Court of Appeals their response to the Southern Cone parties’ petition for writ of mandamus. Here is a copy of the response. The mandamus action arises out of the Tarrant County case in which the Southern Cone defendants challenged Judge Chupp’s September 16, 2009 order. The court of appeals can rule in the case at any time.

November 18, 2009
Court Filings in Fort Worth by Southern Cone Parties
In a continuing effort to delay a hearing on the merits of the case, Defendant Jack Iker and other former diocesan leaders on November 13 filed a petition for writ of mandamus with the Second Court of Appeals in Fort Worth, seeking a review of Judge John Chupp’s October 2 ruling on their Rule 12 motion. The court issued a temporary stay of the proceedings in the trial court. The Episcopal plaintiffs and their counsel will file responses. Click here for the complete story and for copies of related documents.

October 2, 2009
Judge's ruling on Oct. 2 hearing
The Hon. John P. Chupp, judge of the 141st District Court of Tarrant County, Texas on Friday Oct. 2, 2009, granted the request of attorneys for former Bishop Iker and others who left the Episcopal Church [defendants] for a continuance in the hearing on the motion by the Episcopal Church, the Episcopal Diocese of Fort Worth and the Corporation of the Episcopal Diocese of Fort Worth [plaintiffs] for a partial summary judgment. The hearing is now scheduled for 9 a.m. on Friday, January 22, 2010. The plaintiffs did not oppose the motion.

The judge granted the defendants’ motion to add the Rt. Rev. Edwin F. [Ted] Gulick Jr., members of the Standing Committee, and Chancellor Kathleen Wells as third party defendants to the litigation.

Finally, the judge denied defendants’ motion to reconsider his September 16 decision on the defendants’ Rule 12 motion challenging the authority of attorneys Jon Nelson and Kathleen Wells. He thus reaffirmed his ruling that the plaintiffs’ attorneys do not represent the entity associated with Jack Iker. No one has ever claimed that they did.

To read a transcript of the hearing, click here.

September 17, 2009 - What the legal language of the order means
What the legal language of the order (click here to read it and note that the hand-written portions of the order are in the judge's own hand) means is this: essentially the court refused to strike the pleadings i.e. it ruled that the reorganized Episcopal Diocese of Fort Worth and the Corporation had the right to continue to sue the defendants and establish our right to seek declarative judgment. The defendants lost on their main argument that we should not be able to sue the defendants because they are the rightful diocese. This was the main objective of former Bishop Iker's attorneys, and they did not achieve it. The court left that determination for a later hearing.

The order also barred our attorneys from appearing on this suit as attorneys for the entities associated with Jack Iker. Our attorneys have, of course, never asserted that.

As is clear in the order, no other rulings were made. The judge did make comments and he did ask questions, but he made no other rulings.

We now await the October 15 hearing.

September 16, 2009
Statement on hearing that concluded on September 16 The Hon. John Chupp, judge of the 141st District Court of Tarrant County, Texas today ruled that attorney Jon Nelson and Chancellor Kathleen Wells are not authorized to represent the diocese or the corporation that are associated with Jack L. Iker. These attorneys have never claimed to do so. The judge denied the motion by Bp. Iker’s attorneys to remove the diocese and the corporation from the lawsuit filed April 14, 2009.

While the judge did make some off hand remarks in court and asked many questions, he made no other rulings.

A hearing is set for Oct. 15 on the motion for partial summary judgment in this same court.

September 9, 2009
Attorneys present arguments in hearing, new date set
Attorneys for the Episcopal Diocese of Fort Worth and the Corporation of the Episcopal Diocese of Fort Worth presented arguments today in the 141st District Court of Tarrant County, Texas in opposition to two motions filed by former diocesan leaders challenging the authority of the attorneys and leaders of reorganized Diocese. The hearing was continued until 2 p.m. on Wednesday, September 16, at which time both sides will present short briefs on questions from the judge, the Hon. John P. Chupp.

September 4, 2009
The Episcopal Diocese of Fort Worth files motion for a partial summary judgment in effort to recover property and assets of the Episcopal Church
Attorneys for the Episcopal Diocese of Fort Worth, the Corporation of the Episcopal Diocese of Fort Worth, and the Episcopal Church have on Sept. 3, 2009 filed a motion for a partial summary judgment in the 141st District Court of Tarrant County, Texas as a step to recover property and assets of the Episcopal Church. more...

September 2, 2009
FORT WORTH: Breakaway bishop seeks challenge to authority of Episcopal bishop, others
By Pat McCaughan, September 2, 2009
[Episcopal News Service] Attorneys for Jack Iker have asked a Texas court for permission to challenge the authority of Provisional Bishop Ted Gulick Jr. and the standing committee of the Episcopal Diocese of Fort Worth. Iker, who left The Episcopal Church in 2008 but refused to relinquish church property or assets, is responding to a pending lawsuit filed by The Episcopal Church and the continuing Diocese of Fort Worth in April to establish the authority of the new diocesan leadership and to recover diocesan assets, according to chancellor Kathleen Wells. more...

August 28, 2009
The Episcopal Diocese of Fort Worth responds to motions filed by former leadership
Attorneys for the Episcopal Diocese of Fort Worth, the Corporation of the Diocese of Fort Worth, and the Episcopal Church are preparing a response to motions filed by attorneys for former bishop Jack L. Iker and former members of the corporation’s board. A hearing has been set for September 9 in the 141st District Court in Tarrant County. more...

June 17, 2009
The Episcopal Diocese of Fort Worth files response to motion to dismiss suit to recover property and assets of the Episcopal Church
Attorneys for the Episcopal Diocese of Fort Worth, the Corporation of the Diocese of Fort Worth, and the Episcopal Church have filed a response to the motion to dismiss for lack of subject matter jurisdiction filed on May 8, 2009 by attorneys for former bishop Jack L. Iker and former members of the corporation’s board. more...

April 14, 2009
A statement from the Office of the Presiding Bishop concerning actions in Fort Worth
Presiding Bishop Katharine Jefferts Schori issues statement concerning petition filed on April 14, 2009. more...

April 14, 2009
The Episcopal Diocese of Fort Worth files suit to recover property and assets of the Episcopal Church
On Tuesday, April 14, 2009, the Episcopal Diocese of Fort Worth, the Corporation of the Episcopal Diocese of Fort Worth and the Episcopal Church filed suit in the 141st District Court of Tarrant County, Texas in part to recover property and assets of the Episcopal Church. The defendants are former members of the corporation’s board and the former bishop of the diocese, all of whom have left the Episcopal Church. The petition seeks declaratory and injunctive relief, damages, an accounting, and attorney fees and costs. more...