• Contact Us
  • Classifieds
  • About
  • Home

Pathway

Missouri Baptist Convention's Official News Journal

  • Missouri
    • MBC
    • Churches
    • Institutions & Agencies
    • Policy
    • Disaster Relief
  • National
    • SBC Annual Meeting
    • NAMB
    • SBC
    • Churches
    • Policy
    • Society & Culture
  • Global
    • Missions
    • Multicultural
  • Columnists
    • Wes Fowler
    • Ben Hawkins
    • Pat Lamb
    • Rhonda Rhea
    • Rob Phillips
  • Ethics
    • Life
    • Liberty
    • Family
  • Faith
    • Apologetics
    • Religions
    • Evangelism
    • Missions
    • Bible Study & Devotion
  • E-Edition

More results...

MBC attorneys file appellate brief

March 29, 2005 By The Pathway

MBC attorneys file appellate brief

Stand by conspiracy allegations in legal battle with five agencies

Attorneys for the Missouri Baptist Convention (MBC) filed their appellate brief on Friday, Dec. 3, 2004, as the two-year old case against five breakaway agencies moves forward in the Kansas City Court of Appeals.   In the 122-page legal memorandum, the convention lawyers argue that the Cole County trial court committed reversible error when it dismissed the case in March 2004.  

According to court rules, the respondent agencies will have 30 days, or until Jan. 3, 2005 to file their briefs with the Court.   The MBC will have another 15 days to file a reply brief before a hearing is scheduled sometime next spring.   A three-judge panel will be assigned to hear the oral argument.   

The MBC’s case, originally filed on Aug. 13, 2002, by the Executive Board and six churches representing the MBC, was dismissed by the trial judge on March 11, 2004 on procedural grounds.  The judge said the petition should name messengers as members of the convention rather than churches, but he refused to permit an amendment to add messengers.  Instead he required a new petition to be filed with messengers as plaintiffs, which MBC did on Oct. 25, 2004.  Still, the MBC has appealed the several rulings arising out of the first petition.

MBC’s appeal brief cites four separate orders in which the trial court erred, two of which involved the dismissal and the denial of an amended petition adding messengers as plaintiffs.   The convention asks the Court of Appeals to reverse all four orders and to send the case back to the Cole County court with instructions on some key legal issues.

The other two orders being appealed involve the judge’s ruling that the MBC is not a “member” of the college corporation by virtue of MBC rights to elect trustees, and the ruling that the Secretary of State was not a “necessary party” to the petition. 

The introduction to the brief states: “This appeal is about righting two wrongs suffered by the Missouri Baptist Convention and its Executive Board, which operate as the denomination of Southern Baptist churches in Missouri.  First, after transferring millions of dollars in assets to the respondent agencies in reliance on charter promises that the convention and/or Executive Board would have crucial rights of control over the agencies, the respondent agencies unilaterally changed their corporate charters and denied these rights, but kept the assets.  Second, the trial court dismissed with prejudice the appellants’ petition on procedural grounds, in spite of a pending motion to amend, and denied the appellants their day in court on the merits of convention rights.  The convention should not suffer the risk and cost of having to start over with a new action.  The four orders of the trial court should be reversed and the cause remanded to permit the convention to proceed to seek justice.  This court has the power to right these wrongs.”

Meanwhile, the new petition filed in Cole County has been served on the defendants who have asked for an extension of time to file their responsive pleading until Dec. 16.   Michael Whitehead, MBC lead attorney, said that counsel for all parties are working together on an agreement to permit using the prior depositions and discovery in the new case, so that parties can avoid the expense of repeating this work.

Attorney Clyde Farris, representing Missouri Baptist University, has filed a motion for sanctions in the case, asking the court to penalize Whitehead and the other MBC attorneys for making “frivolous” allegations about a “conspiracy” to defraud the convention.  Farris says there is no evidence of a conspiracy, and the MBC attorneys know it, so they should be sanctioned, or fined by the court.   MBC Attorneys include Judge John Holstein, former Chief Justice of the Missouri Supreme Court; James Freeman, Stan Masters, and Chuck Hatfield. 

According to Whitehead, “Mr. Farris’ motion is itself frivolous and may warrant sanctions.  The facts showing a conspiracy are obvious.  There was a common scheme, with common actors, with common attorneys, and with a common unlawful result.   We call that a conspiracy.  They call it a coincidence.   We’ll let the court decide.”

The parties will file written briefs regarding the motion and expect to schedule a hearing in the Cole County court next month.  Only the college has made the motion for sanctions, which has not been joined by attorneys for the other four agencies.

Comments

Featured Videos

VBS grew up, and it's reaching women - A Video Story

Created to reach women who may have never experienced VBS, FBC Bolivar’s unique ministry has led women to Jesus and inspired other churches to replicate the event. Watch this video to see how this church is discipling women and making an impact beyond its community.

Find More Videos

Trending

  • Missouri Baptist pastor’s wife brings songs of Christmas, hymns of faith to theme park’s Wilderness Church

  • Montana missions partnership brings Set Free Ministries to Springfield, Mo.

  • Baptist Homes president announces plans for retirement in fall of 2026

  • ‘We’re going to save lives’: Sen. Schnelting, MBC’s Fowler discuss 2026 pro-life ballot measure

  • Underestimating Ordinary

  • Beyond barriers: Harvest Hill Baptist Church builds belonging through disability ministry

Ethics

‘We’re going to save lives’: Sen. Schnelting, MBC’s Fowler discuss 2026 pro-life ballot measure

Benjamin Hawkins

Missouri Baptist Convention (MBC) Executive Director Wes Fowler sat down with state Senator Adam Schnelting (R-St. Charles) on Jan. 7 for a public dialogue about a Missouri ballot initiative that will aim this fall to restore pro-life protections to the state’s Constitution.

Appeals court says defunding of Planned Parenthood can continue

Laura Erlanson

More Ethics Stories

Missouri

MBC’s Vance calls state leaders to depend on God, walk in humility, integrity and wisdom

Benjamin Hawkins

Missouri Baptist Convention (MBC) President Wesley Vance called the state’s political leaders to depend on God and walk in wisdom, integrity and humility as they serve Missourians.

Copyright © 2026 · The Pathway