EDWARD J. SCHOENBAUM

ADMINISTRATIVE LAW JUDGE

1108 South Grand Avenue West

Springfield, Illinois 62704-3553

217 524-7836 Fax. 217 524-1221

e.schoen@insightbb.com

 

Memorandum

March 8, 2006

To:            Members of the Lutheran Church-Missouri Synod Board of Directors

From:   Edward J. Schoenbaum

Re:       Your Appointment of a Committee to work toward a resolution . . .

For those of you who do not know me, allow me to introduce myself and explain why I write on this important issue facing our beloved Lutheran Church - Missouri Synod.  A member for over sixty-three years since my infant baptism at St. Mark's Lutheran Church in Cleveland, Ohio.

Juris Doctor from Case-Western Reserve University School of Law in 1968, and B.D in 1970 (converted to an M. Div. after additional course work) from Concordia Theological Seminary in Springfield.   My theological training began December, 1965.  When I arrived, J.A.O. Preus, Seminary President encouraged me to complete my law degree because the church needed someone with that dual education.  We worked out a program, where I took classes at Concordia Seminary in Clayton, and St. Louis University College of Law.  Admitted to practice law in both Missouri and Ohio in 1968.  The summer of 1967, found me back at Case-Western Reserve Law School while working for the Lutheran Human Relations Association of America - Cleveland Summer project, which grew into the very successful Lutheran Metropolitan Ministry program.  After vicarage, I completed seminary training in Springfield.  During my last year, I worked in the mayor's private law office, and later for the City, County, and State of Illinois, and was admitted to practice in Illinois.  Never ordained because I never requested a call because while writing my thesis “Equipping Lay People for Ministry in the World”, we decided example would be better than preaching.

This led to being extremely active as a layperson in my local congregations: as Chair of Social Ministry Committee and president of Peace Lutheran, Lombard, in suburban Chicago; and later as Chair of Christian Education, at Trinity Lutheran, Springfield;  as chair of the Human Care Committee for nineteen years in the Central Illinois District; and on the Board of Lutheran Children & Family Services of Illinois, and now as a Vice President.  Also active in other not for profit organizations in the legal field, as President of the National Association of Administrative Law Judges and a full-time administrative law judge for the State of Illinois since 1987, reviewing legal arguments of attorneys and writing decisions. 

Hopefully, this memorandum will help you think through your decisions, and cease your activities before they harm our church even more than they have already done.  After changing the experienced legal counsel for the Synod, you have decided not to follow the advice of your new counsel and are doing what they told you not to do.

Resolving this lawsuit filed against our duly elected president and vice president is not the thing to do at this time.  The synod in convention elected him and made many decisions with which some members of the Board disagreed.  I was at Trinity Lutheran Church in Springfield, when Rev. Dr. Robert Kuhn, our former District President, who also appointed me to Chair the Human Care Committee of the CID, called for a “friendly lawsuit.”  Now as I understand it, he appointed the four member committee to resolve this lawsuit.  I see him as having a conflict of interest in appointing the committee. 

Since President Kieschnick, classmate of mine at the seminary, and Vice President Diekelman, were the named defendants, they should have more of a say in who would represent them in resolving the lawsuit against them and the Synod.

As a certified mediator, I believe in mediation and settlement of lawsuits where possible.  However, the committee as appointed is clearly not representing Jerry since it is biased against him and in favor of the plaintiffs.  In addition, neither a committee nor even the Board of Directors has the authority to reverse the actions of the synod in convention, once it has clearly spoken. 

It is totally contrary to the history of the LCMS constitution, by-laws, and policy to take this action.  Many of us are still waiting for a copy of the Fryer opinion, promised by Chairman Kuhn before the last convention that we would get it at the appropriate time.  This breaking of a promise continues to cast a cloud of suspicion on the current activities of the Board of Directors. 

According to our bylaws, "The term synod refers collectively to the association of self-governing Lutheran congregations initially incorporated on July 3, 1894.  And presently named The Lutheran Church - Missouri Synod and all agencies of the Synod as defined in Bylaw 3.51 a.  Synod as used herein, is not a civil law entity."

The way the Board of Directors has interpreted the unseen legal opinion seems to place them above the bylaws 3.73 Accountability of Officers, Boards and Commissions where it clearly states: "All officers, boards, and commissions shall be accountable to the Synod for all their actions and any decision of such officers boards, and commissions may be appealed to the national convention of the Synod."

The actions of the Board are clearly contrary to the actions of the synod at its national convention. 

In His Service,

 

Edward J. Schoenbaum