tag:blogger.com,1999:blog-759178030677978044.post6126917200492392932..comments2024-02-19T07:24:42.397-08:00Comments on Anglican Curmudgeon: Having Celebrated Easter, Let's Get Back to BusinessA. S. Haleyhttp://www.blogger.com/profile/05108498446058643166noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-759178030677978044.post-4442493862722222232009-04-19T16:36:00.000-07:002009-04-19T16:36:00.000-07:00Thanks, A.S. Haley. Another wonderful job of shini...Thanks, A.S. Haley. Another wonderful job of shining the light on murky waters. Texas should be able to move this petition quickly since the Law is orderly and requires clear thinking, something we are seeing less and less of from TEC headquarters.Alice C. Linsleyhttps://www.blogger.com/profile/13069827354696169270noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-47128872573965320622009-04-16T20:45:00.000-07:002009-04-16T20:45:00.000-07:00DavidH, in a manner of speaking, you answer your o...DavidH, in a manner of speaking, you answer your own question. Yes, unverified complaints are the norm, but then as you say, there are sanctions for the attorney who abuses the right to file them. Maybe you would take the risk, but if I were filing a complaint in the name of a corporation suing all of its directors and charging them with civil theft, <I>i.e.,</I> conversion, I would want to have it verified by the person claiming the authority to bring it on behalf of the corporation. As you say, every complaint presents an issue of standing, but most of the time it's not a problem to prove you are who you say you are. In this particular case, with no verification, and no allegations explaining just how the corporation came into the hands of unnamed persons whom the attorney vouches (by his signature on the complaint) are authorized to sue all the named directors on its behalf, then I would say that the issue of standing leaps to the forefront.A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-88503199600201912292009-04-16T19:36:00.000-07:002009-04-16T19:36:00.000-07:00This may be a minor point in the grand scheme of t...This may be a minor point in the grand scheme of things, but...<br /><br />I do not understand your point about verification. It's one you touch on a couple of times:<br /><br /> "It simply alleges that these entities are before the court as plaintiffs, on the sole authority of the attorneys who signed and filed the petition."<br /><br /> "Apparently, in Texas, nothing but the attorneys' having to stand behind the pleadings they sign. The petition has not been verified---that is, read through by someone with an actual office in, or position of authority with, the entities in whose name the suit is brought, who then signs a statement under penalty of perjury that everything in the petition is true."<br /><br />Complaints are just allegations though -- as you pointed out in earlier columns about the Los Angeles cases that led to the California Supreme Court decision in January. In most instances (at least in my state), complaints are not required to be verified, and in fact most complaints are not verified. There's nothing improper or sinister in the least about that.<br /><br />"The lack of any verification immediately raises an issue of standing."<br /><br />In the way that you appear to be talking about it, the filing of a lawsuit raises an issue of standing (whether the plaintiff is who they claim to be). Verification has nothing to do with it.<br /><br />And the answer to your question -- "What is to stop, say, some attorney from filing a petition in the name of General Motors, and claiming some more bailout money on its behalf?" -- is an easy one: sanctions.DavidHhttps://www.blogger.com/profile/03254619654216747524noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-57744744900717863892009-04-16T19:16:00.000-07:002009-04-16T19:16:00.000-07:00Martial Artist,
" by the recently non-existent, an...Martial Artist,<br />" by the recently non-existent, and magically summoned, "continuing" Episcopal Diocese of Fort Worth."<br />This turn of phrase may be one of your finest yet!Dale Matsonhttps://www.blogger.com/profile/12975212053636312471noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-10113999828369134962009-04-16T14:43:00.000-07:002009-04-16T14:43:00.000-07:00Mr. Haley,
Thank you for the response. I would su...Mr. Haley,<br /><br />Thank you for the response. I would suggest that signing the required "statement under penalty of perjury" would amount to a <I>fool's errand</I>. With your extracts from the filing, but even lacking the legal analysis you provided, I would certainly never consider signing such a statement.<br /><br />Despite some limited (military) education in aspects of the law, the plain language of the canons, the history of the establishment of TEC and its Constitution and Canons by Mr. McCall, and my simple literacy in the English language would deter me from asserting the truth of such a distorted representation as has been filed against the "Episcopal Diocese of Fort Worth" by the recently non-existent, and <I>magically summoned</I>, "continuing" <I>Episcopal Diocese of Fort Worth</I>.<br /><br />Were it not for my ignorance of the jurist who will be expected to adjudicate the case, leaving any prediction at the mercy of a member of the bar addressed as "Your Honor," I would actively hope that the Presiding Bishop might sign the required statement, if for no other reason than her own education in each of the law, the English language, and simple ratiocination. It is probably not particularly charitable of me to hold such a wish, painful as that lesson would be for its recipient, but it is clearly necessary that it be granted.<br /><br />Blessings and regards,<br />Keith ToepferMartial Artisthttps://www.blogger.com/profile/12059467870069787735noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-85597228128818032362009-04-16T13:52:00.000-07:002009-04-16T13:52:00.000-07:00Martial Artist, the answers to your first and last...Martial Artist, the answers to your first and last questions are both "Yes". As for the second, I assume in Texas, as in most other places, the penalty for perjury is some time in jail, plus maybe also a fine. Your third question is in two parts; the answer to the second part is also "Yes." As for the first part---when "barratry" was committed by a non-lawyer at common law, it was called "maintenance", or if it involved the buying and selling of legal claims, it was "champerty". I do not know to what degree these are still torts (or crimes) in Texas; they have never been such in California, except that there is a crime of barratry, but it requires the bringing of three or more improper lawsuits (which means that ECUSA is now there!).A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-91322836011279729512009-04-16T13:44:00.000-07:002009-04-16T13:44:00.000-07:00Peace be with you, Father Weir. I cannot refuse to...Peace be with you, Father Weir. I cannot refuse to speak out against such blatant abuse by one person of the law, the ECUSA Constitution, and its canons, when so many others accept it as the norm. If that appears as contempt, then so be it. <I>Honi soit qui mal y pense.</I>A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-42259575291330721962009-04-16T09:47:00.000-07:002009-04-16T09:47:00.000-07:00Dear Mr. Haley,
After reading the quoted portions...Dear Mr. Haley,<br /><br />After reading the quoted portions of the filed petition, and your analysis thereof, I am curious as to several points.<br /><br />1. Are attorneys in the State of Texas not considered officers of the Court, and thereby under some legally enforceable obligation to ensure their filings are not <B>patently</B> untruthful?<br /><br />2. With respect at least to the question of the person signing the [emphasis mine] "statement <B>under penalty of perjury</B> that everthing in the petition if true," what is the penalty for perjury in the State of Texas.<br /><br />3. Does Texas have laws against <I>barratry</I>, and if so, do they apply only to members of the bar? Secondarily, must one be a member of the Texas bar in order to represent a plaintiff in a civil suit brought before a Texas court?<br /><br />4. The last question: Do you, as I suspect, see the several places toward which my thoughts are going on this matter?<br /><br />Blessings and regards,<br />Keith ToepferMartial Artisthttps://www.blogger.com/profile/12059467870069787735noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-57337925040442544082009-04-16T09:06:00.000-07:002009-04-16T09:06:00.000-07:00Dear Curmudgeon,
The plot get even murkier. See y...Dear Curmudgeon,<br />The plot get even murkier. See your email for a copy of the Amended and Restated Artilce of Incorporation which was filed just before the suit. Later when I get a free minute, I will send you more details of errors included in the Petition. By the way, good job of taking this apart. I always enjoy your analyses.Bill Fisherhttps://www.blogger.com/profile/07299456393520253279noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-60359461575248792942009-04-16T08:24:00.000-07:002009-04-16T08:24:00.000-07:00Wow! Thank you so much for all your efforts to sh...Wow! Thank you so much for all your efforts to shine the light in these (many, many) cases. As a layman I can never quite muddle through the documents myself, but with your excellent commentary the farce at hand becomes abundantly clear.Zanahttps://www.blogger.com/profile/02410069721111246797noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-88956144468853686342009-04-16T08:01:00.000-07:002009-04-16T08:01:00.000-07:00I have informed our host that I will not be commen...I have informed our host that I will not be commenting in the future, but since he and I are not the only ones involved in discussion, I am posting here the text of the e-mail that I sent Mr. Haley: " While I have found my exchanges with you on your blog interesting, I am once again finding that the contempt which, IMV, you show the Presiding Bishop is an obstacle to my engaging with you in any intelligent way. I will continue to read your posts, but will not, at least for the present, respond."Daniel Weirhttps://www.blogger.com/profile/11430381764138066595noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-37705787450846690872009-04-15T18:04:00.000-07:002009-04-15T18:04:00.000-07:00Dear Anglican Curmudgeon,
Who is playing the role ...Dear Anglican Curmudgeon,<br />Who is playing the role of Iago here?<br />Is is DBB or KJS or someone else? Obviously you have become the able and singular narrator of this drama.Dale Matsonhttps://www.blogger.com/profile/12975212053636312471noreply@blogger.com