South Carolina Circuit Court Judge Edgar Dickson has scheduled a hearing for Tuesday, November 26, at 10 am, at the Orangeburg County Courthouse in Orangeburg, SC to hear the matters before the court on remittitur following the final decision and judgement of the South Carolina Supreme Court on August 2, 2017.

The hearing was announced in an email to attorneys late yesterday afternoon in which it was noted that the purpose of the hearing would be “to hear the motion for reconsideration and any other pending motions that have not been heard.”

To clarify the currently pending motions before Judge Dickson, Chancellor Tom Tisdale (along with Mary Kostel, Chancellor to the Presiding Bishop) sent a letter to Judge Dickson this morning outlining these motions as follows:

• Petition for enforcement and the appointment of a special master (filed May 8, 2018 and amended May 16, 2018)
• Petition for an accounting (filed July 7, 2018)
• Motion for reconsideration of court’s order to deny our motion to dismiss the Betterments case (filed September 19, 2019).

The South Carolina Supreme Court issued a majority decision in August 2017 to return the diocesan property and 29 parishes to the Episcopal parties. In November 2017, that decision was remitted to Judge Dickson to be executed. The last hearing before Judge Dickson was on July 23, 2019. 

Diocesan Ministry Developer and Executive Council Member Andrea McKellar recently returned from a four-day Executive Council meeting in Montgomery. She shares a reflection  below:

At our last Executive Council meeting, held from October 18-21 in Montgomery, Alabama, we spent an entire day on a Pilgrimage of Reconciliation. Montgomery was a fitting location for such an endeavor due to its history of slavery, being the first capital of the Confederacy, and a primary site in the Civil Rights Movement. The Equal Justice Initiative, founded and run by Mr. Bryan Stevenson, "is committed to ending mass incarceration and excessive punishment in the United States, to challenging racial and economic injustice, and to protecting basic human rights for the most vulnerable people in American society." They have built two sites in Montgomery, the Legacy Museum: From Enslavement to Mass Incarceration and the National Memorial for Peace and Justice, to bring national attention to our history and the work still to be done.

On our pilgrimage, we were led by members of the Dioceses of Alabama and the Central Gulf Coast in prayer, conversation, and reflection. The most meaningful part of the day for me was finding the monuments for each of the counties in our diocese. Between 1877 and 1950, over 4400 black people were killed by lynching in the United States. There were at least 74 individuals lynched in our diocese and 185 in all of South Carolina. Seeing the monuments for each county in the country where there had been a lynching was overwhelming. Council took time after this emotional day to process our experience. The continued oppression of people of color over time and continuing today really stuck with me, whether it be slavery, Jim Crow laws, lynching or mass incarceration. Executive Council is committed to continuing our work on Racial Reconciliation and Justice.

The rest of the weekend included the regular business of Council. Grants were approved for church planting, Becoming Beloved Community, and creation care. The 2020 budget was passed and a process has begun for the 2021-2024 budget. Resolutions were passed about a human rights screen, shareholder engagement with gun manufacturers, a construction project at 815 2nd Avenue in New York, and an enhanced Way of Love Campaign.

The Episcopal News Service covers all of our meetings. You can read more including opening remarks by Presiding Bishop Michael Curry and President of the House of Deputies Gay Jennings on their website: https://episcopalnewsservice.org

After receiving no response to date from his letter on October 4 requesting a hearing on the Enforcement Petition filed in May 2018, Chancellor Tom Tisdale again sent a letter to First Circuit Court Judge Edgar Dickson yesterday afternoon requesting an “expeditious hearing” to enforce the final judgement of the South Carolina Supreme Court in their August 2017 ruling.
 
In his letter, the Chancellor once again reiterated that the property rights of the Diocese are being “seriously eroded and diminished by delay,” and requested that the judge “conclude this proceeding on remittitur” by returning the properties held in trust for the Diocese without additional delay.

The last hearing before Judge Dickson was on July 23, 2019. At that time, the judge ordered both sides to attempt another session of mediation. That session was held on September 26 with Mr. Thomas Wills serving as mediator. At the end of the day, an impasse was declared.

Through a grant provided by Episcopal Relief & Development, the Diocese of South Carolina (The Episcopal Church in South Carolina), was able to provide Wal-Mart and Publix gift cards to 77 food-service workers in coastal South Carolina who were unable to work because of Hurricane Dorian. The Diocese of Georgia initiated the effort to apply for the grant with Episcopal Relief & Development, and invited our Diocese to apply as well. 

Individuals who received the assistance applied for the funds through The Giving Kitchen in Atlanta, GA, and funds were dispersed according to established need and proven loss of wages. Five churches in the Diocese assisted in distributing the gift cards from Hilton Head Island to North Myrtle Beach. Approximately $21,000 in gift cards was distributed to the 77 families who were deemed to be in need of assistance. 

Diocesan Ministry Developer Andrea McKellar was humbled by the gratitude of each recipient. "Each person who came to pick up a gift card was extremely thankful," said McKellar. "Many people expressed how they had found themselves unable to pay bills and afford basic needs after the storm, and this assistance truly helped them get on their feet again."

The remaining funds from the $25,000 grant were sent to the Diocese of Georgia to continuing assisting food service workers in their area who applied for help through an identical grant in their state. 

Episcopal Relief & Development’s US Disaster Program works in areas across the United States that have been affected by disasters such as hurricanes. The organization’s Disaster Preparedness Initiative equips Episcopal dioceses to prepare for and respond to crises. By offering resources and training and providing emergency support, the program helps vulnerable groups of people to make a full and sustained recovery and helps them to develop resiliency against future disasters. Many of the dioceses impacted by Hurricane Dorian have been working to develop this resilience and were ready to respond as needed.

​To learn more about building a Season of Resilience and to download disaster preparedness resources, visit episcopalrelief.org/resilience.

Donations to the Hurricane Relief Fund will help Episcopal Relief & Development’s partners respond to the storm in the most efficient way possible. Many partners are not in a position to receive, store or distribute donations of physical goods or effectively use volunteer assistance at this time.

As expected, today we received a Notice of Appeal to the U.S. Fourth Circuit Court of Appeals indicating that the disassociated diocese is appealing the ruling handed down by U.S. District Court Judge Richard Gergel on September 19, that clearly identified The Episcopal Church in South Carolina as the historic Diocese of South Carolina and rightful owner of the historic diocesan seal and other trademarks. Scheduling details from the Fourth Circuit and other information will be provided as they become available.

Earlier today, on behalf of The Diocese of South Carolina (also known as The Episcopal Church in South Carolina), Chancellor Tom Tisdale sent a letter to First Circuit Court Judge Edgar Dickson requesting a hearing on the Enforcement Petition filed in May 2018 (the Amended Petition from May 16, 2018, can be viewed here). The letter was sent after the court-ordered mediation on September 26 ended with the declaration of an impasse.

The petition, in part, requested protective relief for breach of trust and acknowledged that a grant of such relief (and enforcement of the trust interest in real and personal property) is an urgent issue and part of enforcing the South Carolina Supreme Court decision from August 2, 2017. 

Today's letter also included the recent order by U.S. District Court Judge Richard Gergel that was published on September 19, 2019. That federal court ruling unequivocally recognized The Episcopal Church in South Carolina as the historic Diocese of South Carolina. 

​The last hearing before Judge Dickson was on July 23, 2019. The mediation was ordered at that time.