This is a Fairfax County Circuit Court case, which makes it highly unusual for McDonnell to get the state involved. His excuse is that the outcome of the lawsuit hinges on how one interprets Virginia state law. But methinks his real goal is to advance his standing among conservatives in preparation for his run for governor, as the breakaway congregations oppose the Episcopal Church's leftward drift on such issues as homosexuality, and include some right-wing heavyweights.
These heavyweights include McDonnell's deputy, William Mims, who, when still a state senator, proposed a bill that would have favored the breakaway congregations in such a dispute. Will Mims recuse himself from this case? Who knows? As long as we're violating the First Amendment's separation of church and state, why not throw in a little conflict of interest too?
Your tax dollars at work!
It's stunts like this that make me think the Attorney General shouldn't be elected, but rather should undergo the same process as, say, judges. Hey - when was the last time a member of the Cabinet in Richmond made daily decisions based on what would win him/her a party nomination for governor? I thank God I wasn't as politically aware when Kilgore was AG. Please don't even tell me the sort of crap he tried to pass off as "enforcement of the law."
In Virginia, the Attorney General has broad powers when the interests of charitable organizations are involved. Churches are charitable organizations. See, for example:
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"This Court long ago recognized the common law authority of the Attorney General to act on behalf of the public in matters involving charitable assets." 255 Va. at 451, 499 S.E.2d at 842.
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ยง 2.2-507.1. Authority of Attorney General regarding charitable assets.
A. The assets of a charitable corporation incorporated in or doing any business in Virginia shall be deemed to be held in trust for the public for such purposes as are established by the governing documents of such charitable corporation, the gift or bequest made to such charitable corporation, or other applicable law. The Attorney General shall have the same authority to act on behalf of the public with respect to such assets as he has with respect to assets held by unincorporated charitable trusts and other charitable entities, including the authority to seek such judicial relief as may be necessary to protect the public interest in such assets.
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However, I cannot find a similar case in which the attorney-general intervened.
How many more fourth-tier law school scholars work in that office?
Virginia MUST find someone to beat this guy for governor. McDonnell will be a disaster on par with Gilmore.
"Stop buying the shiny stuff and turn off the television!"
This is a dispute among private parties, who are quite capable of representing their own interests. It does not involve "the state," other than the judge who will decide this private dispute. The A.G.'s authority to protect charitable/non-profit assets is a different issue; that's to ensure that private parties don't ignore the interests of the intended beneficiaries of the property. So McDonnell could intervene if someone decided to turn charitable property reserved for a particular use into a Burger King. That's not what's happening here.
And how about the contention that the Constitution "does not require the state to defer to denominational leaders." Defer? How is the state involved in this dispute in the first place? What is its standing? What right does "the state" have to stick its nose into this private matter? And exactly how is this particular office of this particular branch of "the state" involved?
Here, the two private parties claim ownership and control of private property. That's a matter of looking at the property records and applying the law, a judicial, not an administrative branch function. "The state," in the form of Pat Robertson's boy Bob McDonnell, has no business interfering in this matter. While we're at it, though, maybe Bob McDonnell can explain how his buddy Pat wound up with the money from the Family Channel without "state" interference?
The Attorney General did not intervene in any of those five cases. Is this case different than the other five, or is it just the Attorney General who's different?
http://www.thediocese.net/News...
McDonnell's actions here are grandstanding, pure and simple:
the commonwealth has no standing to intervene.