Holy Stewardship - News of Legal Actions

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.

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...