Since his election, Bishop Lamb has functioned as the bishop and the ecclesiastical authority of the Episcopal Church's Diocese of San Joaquin with the full recognition and concurrence of the Episcopal Church and its constituent parts. For example:(a) Bishop Lamb, along with all of the Church's other diocesan bishops, has been asked to consent to the ordination of every new bishop that has been elected by a diocese of the Church since March 28, 2008;
(b) Bishop Lamb has visited the congregations of his diocese, as required by Church Canon III.12(3), and performed Episcopal baptisms and confirmations;
(c) on October 24-26,2008, Bishop Lamb presided over the Diocese of San Joaquin's Annual Convention, at which, among other things, the Diocese elected new officers, including members of the Standing Committee and Diocesan Council;
(d) as Bishop of the Diocese of San Joaquin, Bishop Lamb attended and participated fully in the September 2008 meeting of the Episcopal Church's House of Bishops and expects to similarly participate in upcoming meetings of the House of Bishops; and(e) as the bishop of the Episcopal Church's Diocese of San Joaquin, Bishop Lamb was invited by the Archbishop of Canterbury to attend, and did attend, the 2008 "Lambeth Conference" of Anglican bishops.
I, Mark Hall, declare as follows:
1. I am an Episcopal priest and am currently serving as the Canon to the Ordinary of the Episcopal Church's Diocese of San Joaquin, the Rt. Rev. Jerry A. Lamb. . . . I was ordained a deacon of the Episcopal Church in 1975, and a priest of the Episcopal Church in 1976. I was canonically resident and active in the Diocese of San Joaquin during the period 1979-1982 . . . I returned my canonical residence to the Diocese of San Joaquin in 1985. Since that time, I have served as the vicar ofSt. Alban's Episcopal Church, Los Banos (1987-1989); rector of Trinity Episcopal Church, Madera (1995-1999); assisting priest at Trinity, Madera and Holy Family Episcopal Church, Fresno (1995-1999); and interim rector and then rector of St. Anne's Episcopal Church, Stockton (2000-2008). I held positions on the Diocesan Bishop's staff from 1979-1982 . . . the Budget Committee (1989-1995); Education Commission (1988-1991); the ECCO Board of Directors; and the Camp San Joaquin Committee (1990-2000). I have attended and participated in every meeting of the Convention of the Episcopal Church's Diocese of San Joaquin since 1986, with the exception of one meeting in 1997.2. I make this declaration based on personal knowledge or on the basis of documents provided to me by trusted associates in the ordinary course of my duties as an Episcopal priest and Canon to the Bishop of San Joaquin, and if called as a witness, I could and would testify to the following facts.. . .
23. On March 29, 2008, the Diocese of San Joaquin held a special meeting at which the Convention, in consultation with the Presiding Bishop, elected the Rt. Rev. Jerry A. Lamb pursuant to Episcopal Church Canon III.13(1), to be the provisional Bishop of the Episcopal Church's Diocese of San Joaquin, authorized to exercise all the duties and offices of the Bishop ofthe Diocese. A true and correct copy of the "Resolution for a Provisional Bishop" adopted at the March 29, 2008, special meeting is attached hereto as Exhibit 10.. . .I declare under penalty of perjury under the laws of the State of California that the foregoing statements are true.[/signed] Mark Hall"
(a) When a Diocese desires the ordination of a Bishop-elect, if the date of the election occurs within one hundred twenty days before a meeting of the General Convention, the Standing Committee of the Diocese shall, by its President, or by some person or persons specially appointed, forward to the Secretary of the House of Deputies evidence of the election of the Bishop-elect by the Convention of the Diocese, together with evidence that the Bishop-elect has been duly ordered Deacon and Priest, evidence of acceptance of election, and a testimonial signed by a constitutional majority of the Convention, and a summary of biographical information relating to the Bishop-elect; in the following words:We, whose names are hereunder written, fully sensible of how important it is that the Sacred Order and Office of a Bishop should not be unworthily conferred, and firmly persuaded that it is our duty to bear testimony on this solemn occasion without partiality, do, in the presence of Almighty God, testify that we know of no impediment on account of which the Reverend A.B. ought not to be ordained to that Holy Office. We do, moreover, jointly and severally declare that we believe the Reverend A.B. to have been duly and lawfully elected and to be of such sufficiency in learning, of such soundness in the Faith, and of such godly character as to be able to exercise the Office of a Bishop to the honor of God and the edifying of the Church, and to be a wholesome example to the flock of Christ.
(Date) __________ (Signed) _______________The Secretary of the Convention shall certify upon this testimonial that it has been signed by a constitutional majority of the Convention.(b) The Standing Committee shall also forward to the Secretary of the General Convention, with the testimonial and other documents, certificates from a licensed medical doctor and licensed psychiatrist, appointed by the Ecclesiastical Authority with the approval of the Presiding Bishop, that they have thoroughly examined the Bishop-elect as to that person's medical, psychological and psychiatric condition and have not discovered any reason why the person would not be fit to undertake the work for which the person has been chosen. Forms and procedures agreed to by the Presiding Bishop and The Church Pension Fund shall be used for this purpose.(c) The Secretary of the House of Deputies shall present the testimonials to the House, and if the House consents to the ordination of the Bishop-elect, notice of its consent, certified by the President and the Secretary of the House, together with the testimonials, shall be sent to the House of Bishops.(d) If a majority of the Bishops of this Church exercising jurisdiction consent to the ordination, the Presiding Bishop shall, without delay, notify the Standing Committee of the Diocese electing and the Bishop-elect of the consent.
11. In addition to complying with the rules governing authority and notice (Const., Art. V, Secs. 3-4), there are several additional steps that must be followed in order to convene and conduct a canonically proper Convention. All members of Convention must be credentialed and certified before they can attend and vote. (Canon II.) One week before the Convention, the "Ecclesiastical Authority" (the Bishop or Standing Committee in the Bishop's absence) "shall" prepare a list of all Clergymen canonically resident in the Diocese. (Canon II, Sec. 2.01.) "Such list shall be laid before the Convention at the opening of the meeting and prefixed to the Journal. In said list shall be declared the names of those Clergymen entitled to seats and votes in the Convention ... "(Id.) The reason for this is so that the Secretary of Convention can determine and certify whether the required "quorum" exists to conduct a Convention as mandated by Canon III, Sec. 3.01. If no quorum exists, then "no business shall be transacted except that of adjournment from time to time until a quorum shall be present." (Id.)
12. In addition to Clergymen, members of convention include Lay Delegates from each Parish and Mission ofthe Diocese entitled to representation. (Canon II, Secs. 2.02-2.04.) To constitute a quorum for Convention, "at least one (1) Lay Delegate from each of one-third of all the Parishes and Missions entitled to representation" must be present, together with the requisite number of Clergymen discussed above. (Canon III, Sec. 3.01.) The Secretary of Convention oversees the taking of the roll and certification of a quorum. (Canon VI, Secs. 6.01(2), (3).) Certification of a quorum is entered into the Minutes of Convention by the Secretary of Convention and becomes a permanent part of the official records. (Canon XI, Sec. 11.01; Const., Art. VI, Sec. 2.)
Q Please state your name.A Alfred Smith.Q And Mr. Smith, where do you reside.A 3555 Hollyhock Lane, Nowhere, Nostate, USA.Q Now, Mr. Smith, were you driving a car on the morning of April 18, 1984?
Q Mr. Smith, do you own a car?---"Objection!"---"Sustained. Ask your next question."Q Mr. Smith, were you ever in any kind of automobile accident?---"Objection!"---"Sustained. Ask your next question."
Q But your Honor, I just want to ask this witness about the facts to which he can testify from personal experience. I am trying to lay the foundation for his his testimony as to the events that he suffered through. After all, he is the plaintiff in this case.
THE COURT: But that is what you have not shown. Ask him whether he is in fact "the plaintiff."Q Are you the plaintiff?THE COURT: "In this case?!"Q Are you the plaintiff in this case?A Yes.THE COURT: Now, Mr. Haley, you may proceed with the rest of your questions. Until you established that your witness was indeed the plaintiff in this lawsuit, all of your questions of him were irrelevant. What does the court care about whether he drives or not, if he is not the plaintiff who was injured??
Sec. 1.02 The election of a Bishop shall be made in either the Annual or a Special meeting of the Convention called for that purpose. The Secretary of the Standing Committee shall notify the Diocese, through the Secretary of Convention, of such meeting in the manner prescribed by Article V, Section 3, of the Constitution.
Sec. 3. Ninety (90) days notice shall be given of the meeting of every Annual Convention by the Secretary of Convention. The mode of notice shall be a circular addressed to every member of the Clergy and to each Parish and Mission in this Diocese.