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News : NORTHERN CALIFORNIA: Attorney Releases Documents Alledging Diocesan Duplicity
Posted by David Virtue on 2007/1/10 4:50:00 (1922 reads)

NORTHERN CALIFORNIA: Attorney Releases Documents Alledging Diocesan Duplicity

Submitted by David W. Virtue DD
VirtueOnline
www.virtueonline.org
1/10/2007

An attorney for Fr. David H. Miller of St. John's Anglican Church, has released documents to share their side of the story because of what he calls continuing false statements from the Diocese and its bishops. He argues that they have not only violated Fr. Miller's due process under canon law but also his personal rights under California defamation statutes.

You can view them at this link.

http://sjpet.org/MillerDepositionandResponse.pdf

PETALUMA, CA: St. John's Anglican Church Votes to sever ties with Diocese and Denomination

From the Rev. Dr. Lu T. Nguyen
1/10/2007

After three years of study, prayer, consultation, and tears by the rector, vestry and congregation over the divisions that have torn our denomination asunder, St. John's Episcopal Church, in Petaluma, California met in a properly noticed parish meeting on Sunday, December 17, 2006, and by a vote of the vestry and parish, agreed to sever their 150-year relationship with The Episcopal Church (TEC) and the Diocese of Northern California. By the same vote, our name was amended to St. John's Anglican Church as we will seek to be in communion with an orthodox diocese within the Anglican Communion.

Beginning with the decisions of the August 2003 General Convention of The Episcopal Church, it had become painfully clear that there exists a great theological difference between us and TEC regarding the authority of the Bible and its teachings on human sexuality. We were further discouraged by the fact that Bishop Jerry A. Lamb voted for the consecration of V. Gene Robinson as bishop, a divorced man now living in an openly homosexual relationship. This was painfully disturbing since Bishop Lamb told us previously that he would not approve of such actions. As a result of this path and failure of the Church to seek forgiveness and repent of their actions, the overwhelming majority of our members decided to no longer continue their financial support to Church structures which they believed to have acted contrary to Holy Scripture and the church's traditional teachings regarding sexual morality. The Episcopal Church has failed to respond to the admonishment of the majority of the Primates in the Anglican Communion despite the many heroic attempts by these Primates.

The apostasy of TEC has continued with their refusal to comply with the Windsor Report and to uphold the basic tenets of historic Christian doctrines. Most recently, the delegates to the Diocesan Convention elected Barry Beisner, a man twice divorced and thrice married, as the replacing bishop for Jerry Lamb.

This past year, TEC also elected Katherine Jefferts Schori as the new Presiding Bishop, a person who supports same sex blessings, the ordination of openly practicing homosexuals, denies the central authority of Holy Scripture and demotes the Christian Savior to simply an "avenue to the divine."

St. John's has stood for orthodoxy and biblical teaching for the last 150 years in our community. We pray that our actions to disassociate from The Episcopal Church will be a witness to the world at large that we, one congregation among hopefully many in Northern California, are still standing for God's Word and the historic Christian faith.

In preparing for the litigiousness of The Episcopal Church, St. John's has retained the Rev. Dr. Lu T. Nguyen of Roseville, California as our canon lawyer and general counsel. We have additionally retained the law firm of Penner, Bradley and Buettner of Fresno, California as our litigation defense and appellate attorneys to vigorously defend any strategic and frivolous lawsuits that may be filed against us. Among Penner, Bradley and Buettner's recent success at the appellate level include the 2004 landmark St. Luke's case (121 Cal.App.4th 754), where the appellate court not only upheld its 27+ years of neutral principles precedent in allowing congregations like St. John's to disassociate from the national church and retain its properties but further held that third party trusts (like the Dennis Canon) imposed on a congregation can be revoked by the congregation. The court's rationale was based on sound American trust law, that being, unless a trust is irrevocable, it can be revoked. While St. John's will follow the biblical admonition of not initiating a lawsuit according to 1 Corinthians 6, we do expect and are prepared to defend any strategic lawsuits from TEC and the Diocese of Northern California meant to intimidate and deprive us of our constitutional and legal rights to freely associate and speak out in the public forum.

We ask for prayers from all Christians. We especially ask those still within The Episcopal Church, particularly the Diocese of Northern California, to re-evaluate their giving to an institution which will likely use some of those resources to litigate against conservative parishes like St. John's, its members and children.

http://sjpet.org/pressrelease1.html

Contact Information: The Rev. Dr. Lu T. Nguyen
For St. John's Anglican Church
40 Fifth Street
Petaluma, CA 94952
E-mail: news@ltnlaw.com

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Poster Thread
gregory
Posted: 2007/1/10 14:02  Updated: 2007/1/10 14:02
Home away from home
Joined: 2004/8/4
From: Nflorida
Posts: 4426
 Re: NORTHERN CALIFORNIA: Attorney Releases Documents Alledgi
Greetings to all, i could not resist posting some of the PDF file knowing some will want to cut to this part;

December 30, 2006
VIA: First Class Mail & E-mail
Episcopal Diocese of Northern California
c/o Office of the Bishop
P.O. Box 161268
Sacramento, CA 95816-1268
Our Client: The Rev. David H. Miller
Re: Response to the Notice of Voluntary Renunciation of Ordained Ministry
Dear Bishop Lamb:
I represent the Rev. David Miller of St. John’s Anglican Church, in Petaluma, California,
per the letter sent to you and your legal representatives on December 19, 2006. As I
have not yet been informed of any legal representation for the Diocese, I send this letter
to you, requesting that you have your legal representatives contact me so I will know
how to properly forward future correspondences.
In your letter to Fr. Miller dated December 27, 2006, you stated that “it appears that by
this instrument (Fr. Miller’s letter dated December 17, 2006) you have clearly renounced
your Orders in the Episcopal Church.” Unfortunately, you and your canonical advisors
have misinterpreted Fr. Miller’s letter. Nowhere in his letter do the words “renunciation
of orders” appear. Fr. Miller asked that Letters Dimissory under Canon III.9.4(a) be
issued, transferring him to the Anglican Diocese of Argentina, under the Most Rev.
Gregory Venables.
When a proper request for Letters Dimissory is presented under Canon III.9.4(a), the
clear reading of the canon (in imperative terms of “shall” not “may”) requires that the
requested bishop provide such Letters. The language of the canon at issue does not
require a physical relocation. The requested bishop has no discretion to refuse a valid
request for Letters Dimissory from a priest unlike Canon III.7.6(b)(1) that provides the
requested bishop with such discretion when it pertains to deacons. Fr. Miller made a
valid request on December 17, 2006, while he was in good standing as a priest in your
diocese and without being amendable to any canonical charges. Your refusal to grant
Letters Dimissory and summary deposition of him is an abuse of discretion and violates
both fundamental and basic due process under canon law and is therefore void on its
face.
The Rev. David H. Miller
Response to the Notice of Voluntary Renunciation of Ordained Ministry
December 30, 2006
Page 2
Pursuant to past precedents under Re Alberto Morales of the Episcopal Diocese of
Puerto Rico/Episcopal Diocese of Eau Claire and Re Judith Gentle Hardy of the
Episcopal Diocese of Massachusetts/Episcopal Diocese of Pittsburg, your refusal to
carry out an imperative duty under Canon III.9.4(a) can be taken as Letters Dimissory
by the receiving bishop—the Most Reverend Gregory Venables of the Anglican Diocese
of Argentina. As such, Fr. Miller has been received by Archbishop Venables and is an
Anglican priest in good standing in the Diocese of Argentina, in the Province of the
Southern Cone.
Please be advised that there is no corporate entity known as St. John’s Episcopal
Church in Petaluma, California. Pursuant to valid amendments to St. John’s Articles of
Incorporation, the only corporate entity that exists at this time is known as St. John’s
Anglican Church, in Petaluma, California. This corporate entity owns its property and
operates validly under the laws of the State of California. The Episcopal Diocese of
Northern California has no ownership in this corporation’s property, and therefore no
legal rights to direct that any member of this corporation vacate the premises.
Fr. Miller, the vestry and parish family of St. John’s Anglican Church are praying that a
godly resolution to the matters before us may be found.
If you have any questions, please do not hesitate to call me at 916.791.2572 x111 or by
e-mail (ltn@ltnlaw.com) if it is more convenient.
Yours truly,
The Rev. Dr. Lu T. Nguyen
LTN:kp
Cc: Randall M. Penner, Esq.; Client; TEC
Enclosure: Letter From The Rev. David H. Miller Dated December 17, 2006
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