A.S. Haley: Questions for a Judge Who Ruled in ECUSA’s Favor

May 22, 2014

Previously, I wrote about the tentative decision issued by Judge Donald Black of Fresno Superior Court in the case involving the withdrawal of the Anglican Diocese of San Joaquin. His decision awards all of the diocesan monies, property and other assets to the remnant Episcopal Diocese on the theory that the Court of Appeals had already tied his hands, and left him with nothing to decide.

Nevertheless, he went on to adopt ECUSA’s theory of the case: that dioceses may not leave the Church, and that all property—even of a diocese (notwithstanding the limited language of the Dennis Canon)—is held in trust for the Church.

Once a judge issues a proposed tentative decision, California law allows any party to request a formal Statement of Decision which addresses matters not covered by the tentative decision. In this way, the parties help to ensure that the judge covers all the bases, and that there is a full articulation of the issues which is readily reviewable on appeal.

Yesterday, the attorneys for the Anglican parties submitted their Request for a Statement of Decision to Judge Black. The Request poses twelve questions to him which the Anglican parties contend he did not address adequately in his tentative decision. The questions in and of themselves probe the very underpinnings of his decision, and ask him to give his reasons for deciding as he did.  the rest