San Joaquin Incorporation Likely Faces Court Test

April 23, 2008

Civil litigation to determine who is legally authorized to make decisions affecting property and other assets belonging to the Diocese of San Joaquin appears increasingly likely following a filing with the state on April 8 by the Rt. Rev. Jerry A. Lamb, who in March was appointed provisional Bishop of the Episcopal Diocese of San Joaquin.

California law provides a somewhat unique form of incorporation for church denominations. Under a “corporation sole,” there is one shareholder, one officer and one director, who are one and the same person, usually the diocesan bishop in an Episcopal diocese.

After a majority of clergy and lay delegates voted to leave The Episcopal Church and affiliate with the Anglican Church of the Southern Cone last December, Bishop John-David Schofield filed an amendment to the diocese’s charter, changing the name of the corporation from “The Protestant Episcopal Bishop of San Joaquin, a Corporation Sole” to “The Anglican Bishop of San Joaquin, a Corporation Sole.” the rest