Community Chapel and Bible Training Center - Legal Proceedings Involving Community Chapel - Pastor Barnett's Lawsuit For Judicial Reinstatement To His Pastorate

Pastor Barnett's Lawsuit For Judicial Reinstatement To His Pastorate

After Barnett learned of the elderships' attempts to disfellowship him on the morning of March 4, 1988, Barnett found an attorney in the Phone book named Rodney Pierce. Barnett rushed down to his office with the church bylaws and requested Mr. Pierce seek immediate legal relief. Mr. Pierce convened a phone conference with Jim Leach, the attorney for the Elders'. That same day Mr. Pierce drafted and filed a Petition for Declaratory Judgment in King County Superior Court, requesting that Barnett's excommunication be declared invalid and that Barnett be reinstated as the rightful Pastor of Community Chapel. On the afternoon of March 4, Barnett and Mr. Pierce went to the ex-parte department of the King County Superior Court and requested the court issue a temporary restraining order reinstating Barnett to his pastorate effective immediately. After hearing argument from Mr. Pierce that afternoon, a commissioner from the ex-parte department issued the following order:

The plaintiff's request for a temporary restraining order to issue immediately is denied, provided that the defendant's Jack A. Hicks, E. Scott Hartley and Jack H. Dubois be and they are hereby ordered to appear on Friday, March 11th, 1988 before the civil motion calendar judge to then and there show cause, if any they have, as to why the defendants should not be restrained from any action which would interfere with the rights and duties of the plaintiff as they existed on the morning of 3/3/88, and any evidentiary hearing shall be set for that date to determine whether a temp. restraining order should issue and/or a permanent injunction should issue pending the final termination of this litigation.

At the hearing on March 11, Judge Charles Johnson signed a restraining order temporarily reinstating Barnett to the Pastorate until March 15, 1988, when Judge Bates would be available to consider the matter further. After hearing extensive arguments from both sides, Judge Bates ruled that Barnett was not given proper notice of the March 3rd board meetings convened by the Senior Elders to amend the articles and bylaws and therefore was not properly excommunicated from the church. As such, Judge Bates entered a restraining order on March 15, 1988 reinstating Barnett to his pastoral position pending a final resolution of the litigation.

At the request of the Senior Elders, Judge Bates issued yet another restraining order on March 17, 1988, requiring both sides to maintain the "status quo" as it existed on March 3 before the Pastor was disfellowshipped and the articles and bylaws were amended.

After months of voluminous discovery and cross-motions for summary judgment, on November 30, 1988 Judge Norman Quinn granted the Elders first motion for partial summary judgment . Judge Quinn found that certain provisions of Community Chapel's Bylaws were in conflict with the Washington State Non-Profit Corporation Act (codified at RCW 24.03), namely those provisions requiring Barnett to concur in virtually all decisions made by the Board of Directors. The Bylaws further provided that if Barnett was away and the elders made a decision Barnett did not like, upon Barnett's return he could overturn the decision at his discretion. Judge Quinn also found that the director meetings amend the articles and Bylaws on March 4, 1988 were valid meetings of the board of directors. Judge Quinn ruled that when Barnett asked the directors to leave his house on the morning of March 4, 1988: "This request reflected Barnett's clear choice not to participate in that meeting, either at that time or at any continuation of that meeting later that day."

On December 16, 1988 Judge Quinn granted the elders a second motion for partial summary judgment, dissolved all prior restraining orders and ordered Barnett to vacate the premises and return all church files, books, records and keys back to the Elders of Community Chapel.