Legal Action Against Our Lady of Vladimir Convent Continues

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http://www.rocie.org/articles/93/1.html

Dear Brothers and Sisters in Christ,

In May 2003, I was blessed with the opportunity to visit the Convent of Our Lady of Vladimir, in California, for a few weeks, and to participate in the life of the sisters. As we know, our convent has been embroiled for over a year in an intense lawsuit initiated by the ROCOR-Lavra. Following is an update on the progress of the legal proceedings.

In Christ,

Anna Kencis

UPDATE on the legal action taken against the Convent of Our Lady of Vladimir by the ROCOR-Lavra

On April 20, 2002, legal action was taken by the Lavrite Synod against the Russian Convent of Our Lady of Vladimir in the persons of Mother Abbess Eugenia, Mother Ambrosia, and Mother Isihia. This lawsuit is currently in the process of taking depositions from both sides of the case. There are four plaintiffs (complaining parties) in this lawsuit: 1. Synod of Bishops of the Russian Orthodox Church Outside of Russia, headquartered at New York (Lavra). 2. The Western American Dioceses of the Russian Orthodox Church Outside of Russia. 3. Bishop Kyrill. 4. Russian Convent of Our Lady of Vladimir (the ROCOR-Lavra ignores the fact that the members of this registered religious corporation which is called the Russian Convent of Our Lady of Vladimir, are the sisters of the convent itself, and it is therefore illogical that the ROCOR-Lavra plaintiffs should claim that they [all men] are the convent, and that the convent is suing three of its women members).

Currently, Mother Abbess Eugenia, Mother Superior of the Russian Convent of Our Lady of Vladimir, is being deposed by the plaintiff lawyers. This deposition is essentially an interrogation questioning the actions which the convent took as dictated by their conscience and religious convictions (separating themselves from the ROCOR-Lavra). The deposition of Mother Abbess Eugenia has been going on for over three months, first with the convent's own attorney for the record, and secondly, with the opposing party's attorneys. She is only able to testify in one hour sessions three times a week, due to her age and according to doctor's parameters. The process has been extremely stressful and trying for her. The abbess is of the age of ninety-two, and is the second oldest member of the old ROCOR. Her doctors are concerned for her and are extremely indignant that she is being subjected to this arduous process, concerning her own convent, by outsiders.

Mother Ambrosia was also called to be deposed, but her doctor strongly opposed it due to her recovering from a recent illness. Within a week, the deposition of Mother Isihia, also a defendant to this case, will begin, as well.

The court hearing is set to begin on November 3, 2003 in the County of San Mateo, California. The hearing could run for a couple of weeks and both sides will then face very high additional expenses in order to cover court costs, the costs for attorneys (note that attorney's fees substantially increase when they are attending court), continual document production, the fees for court-certified interpreters, and the costs for the transportation of expert witnesses.

Due to the intensity of this outrageous lawsuit, it is apparent that for both sides costs must be mounting to the seven digit numbers.

Shortly before the grievous occurrences in our Church, God providentially provided the convent with the ability to financially withstand the attack of the lawsuit (through the sale of the property which the environmentalists attempted to take over). But from where are the funds coming for the plaintiffs? Are the regular contributions of the parishioners of the ROCOR-Lavra to their church being used to fund this inequitable legal action? It has come to our attention that most of the flock of the Lavrite Synod including that of the Western American Dioceses have been uninformed of the fact that they, as a whole, are suing the convent and Mother Abbess Eugenia - when all that she has done is uphold her convictions and those of the monastery from the time of Abbess Rufina and Abbess Ariadna.

The lawsuit in its entirety is unseemly, but particularly outrageous is the manner in which the ROCOR-Lavra is behaving towards Mother Abbess Eugenia and the sisters, showing how those men whom we once trusted as Christian shepherds are, in actuality, wolves. ROCOR-Lavra's treatment of Mother Abbess Eugenia, a senior individual of high rank, in subjecting her to the extremely lengthy and stressful deposition process, endangering her health and general well-being, is ignoble. This is how they treat their elders!

Utmost respect and consideration is due to Mother Abbess Eugenia. She is a shining example of the true monastic from old Russia. She witnessed the revolution, Stalin's call for repatriation; she has seen church administrations come and go, and her experience, and the wisdom she has gained from it, is vast and deep. She is humble, modest, unassuming, but her presence has incredible spiritual strength and dignity, and her spirit is indomitable. The circulating rumors that she is senile, totally unaware of the occurrences in the church, that she is incapable of making decisions for the convent and fulfilling the role of leadership as Mother Superior, and that she is completely influenced by the slandered nun who assists her, are obviously untrue when you speak to her. One is struck by her very presence, and her spiritual strength, particularly in this time and under the shameful and humiliating cross imposed upon her by the ROCOR-Lavra. Yet, if it had not been for this lawsuit, no one would know about the life of Mother Abbess Eugenia and the sisters, and the incredible history of this Russian convent and its abbesses. Monastics are unassuming and silent about themselves, while they take on the labour of bearing suffering and slander. Perhaps this lawsuit is God's way of revealing to the world that there is still a small remnant of true monasticism left - a shining light to us in the world; something which we can all benefit from.

Let us pray for Mother Abbess Eugenia and all the sisters in this time of persecution, as they suffer for Christ and His Truth not only for themselves but for all of us. Let us also not forget what the ROCOR-Lavra has done to Metropolitan Vitaly, arresting him at night to take him to the psychiatric hospital, and later forcibly dragging him away in the kidnap attempt of November 22, 2001 (refer to http://www.monasterypress.com/attempt.html ). This attack of the ROCOR-Lavra on Metropolitan Vitaly was outright physical, while the attack on our convent is being accomplished through the back door, with deception and slander.

For more information regarding this lawsuit, please refer to the first document which was released online at http://www.russianorthodoxchurchinexile ... nvent.html when the lawsuit first began (there are more documents which have been produced since then, so if anyone is interested in acquiring further information, please e-mail annakencis@monasterypress.com ).

If you would like to let the sisters know of your support, please send messages via e-mail to annakencis@monasterypress.com (please include "Russian Convent" in the subject line). All messages will be collected and sent to the convent.

May God help Mother Abbess Eugenia and the sisters, strengthen them, and protect them from all enemies, visible and invisible!

[Daniel]

Does any one know were to find on-line the "Statute of Monasteries, Canonical Law, and Regulation of the Russian Orthodox Church Outside of Russia"? A quick look at ROCOR's site didn't yeild much.

[Justin Kissel]

Would any of these be helpful?

[Daniel]

Would any of these be helpful?

Justin,
Thanks for the link. That's actually were I looked, but I coundn't find any thing in any of those documents titled 'Statute of Monasteries, Canonical Law, and Regulation of the Russian Orthodox Church Outside of Russia'.

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A court-ordered mediation between the convent and the ROCOR-Laurus
plaintiffs took place on September 23, 2003. Its purpose was to
attempt to resolve the differences between the defendants and
plaintiffs through a mediator appointed by the court. Although all
parties were expected to appear, none of the Synodal bishops came to
the mediation, even though Bishop Kyrill is specifically named as a
plaintiff, and two of the other plaintiffs are the Synod of Bishops
of the ROCOR-L and the Western American Dioceses of the ROCOR-L.

Instead, Fr. Stephan Pavlenko, Fr. Peter Holodny (financier of the
Synod), and Nicholas Ohotin (Synodal archivist) were present. The
defendants (nuns) and plaintiffs (ROCOR-L) were placed in separate
rooms, and the mediator alternated between the two, listening to
both sides of the case. An agreement could not be reached.

The plaintiffs continued to claim that they are legally the convent,
that their lawyers are legally representing the convent, and that
they are the rightful owners of all the convent's property.
Initially, plaintiffs demanded that the convent relinquish the
miraculous icon of the Vladimir Mother of God, and stated that if
the nuns were not willing to do so, it would be `the
deal-breaker'
and there would be no further discussions. They then made several
offers to the convent, including that they would allow the sisters
to live as they are, and only after Mother Abbess Eugenia and the
other elderly nuns died would they take the Icon. The convent
refused all offers which required the surrender of the Icon or which
did not recognize that the nuns controlled the convent.

Consequently, a stalemate was reached, the mediation was concluded,
and the lawsuit continues.

Over the past few months, Archbishop Lavra was deposed for three
days, Bishop Gabriel was deposed for two days, Archbishop Mark was
deposed for three days, and Bishop Kyrill was deposed for five days.
Michael Donskoff, the bishop who was anathematized by Metropolitan
Vitaly, was also deposed for two days.

On September 17th, shortly after the thirtieth session of Mother
Abbess Eugenia's deposition, she had a mild stroke and was taken
to
emergency. She was released from the hospital and is recovering
well. Her doctors ordered her to rest at least for one month. They
indicated that this episode occurred as a result of the stress of
the lawsuit. Depositions are very stressful interrogations. Mother
Abbess Eugenia, who is ninety-two years old, was subjected to these
depositions on a somewhat regular basis over a six-month period.
After the deposition on September 17th, the convent requested that
further sessions of her deposition be carried on with written
interrogatories instead of personal testimony, which would still
allow all questions to be asked, but which could decrease her risk
for further medical episodes. The plaintiffs pressed on and their
attorneys refused, stating that they wanted her personal appearance
and personal testimony.

In October the court proceedings continued, and a forced settlement
meeting was held. Additionally, the court granted plaintiff's
request for continuance of the lawsuit to January 12th. The court
also assigned December 10th for yet another settlement meeting.

May God grant Mother Abbess Eugenia and the sisters health and
strength beneath the intensifying pressures of this unseemly lawsuit.

http://www.rocie.org/articles/96/1.html

[尼古拉前执事]

Elderly Nuns Continue Their Fight for Religious Freedom and the Independence of Their Convent

The lawsuit initiated by the ROCOR-L against the Convent of Our Lady of Vladimir was expected to go to trial on January 12, 2004, but for the second time the plaintiffs requested continuance of the lawsuit. The reason they gave was that they have not yet been able to depose Metropolitan Vitaly Oustinov. The court granted their request, and the trial date has been rescheduled for April 19, 2004.

Metropolitan Vitaly Oustinov was originally scheduled to be deposed in Mansonville, Quebec, Canada, starting on December 15, 2003, but shortly before then he left on a religious retreat to an undisclosed location until the end of January. Consequently, the deposition was cancelled, but the plaintiffs intend to reschedule.

It is confusing to recall that in the past, throughout the proceedings of the multiple lawsuits the ROCOR-L initiated against Metropolitan Vitaly in New York and in Canada, the ROCOR-L repeatedly claimed that the Metropolitan was mentally incompetent. However, they now consider his deposition for the lawsuit against the convent to be essential, claiming him to be a relevant, material and necessary witness.

In California, the deposition of Mother Abbess Eugenia has been concluded, after having been deposed for approximately thirty-eight hours, and no more settlement meetings are expected to take place at this time. Three have already been held, and failed to be successful because the plaintiffs’ unrealistic requests negated the possibility of reaching an agreement.

There are many issues in this case. In dispute are the questions of religious freedom, the rights of a religious corporation and the issue of control of a religious corporation and its property. There is also the religious aspect, the issue of the split between the ROCOR-L and the ROCIE, and the ROCOR-L’s unification discussions with the Moscow Patriarchate.

This case is very important to both the ROCOR under Metropolitan Lavra and the ROCIE under Metropolitan Vitaly. Many parishes and monasteries wish to leave the ROCOR-L, being dissatisfied with their negotiations with the MP, and many of them desire, upon leaving, to join the ROCIE. This lawsuit may set a precedent for them. It is apparent that the ROCOR-L takes a very aggressive posture towards any church attempting to leave. Any parish or monastery which intends to leave the ROCOR-L, therefore, before making any determination or notifying the ROCOR-L, would be well-advised to obtain legal counsel in order to ascertain their rights.

The title to the real and personal property involved in the case against the convent is registered in the name of the Russian Convent of Our Lady of Vladimir, Inc. The Board of Directors of this corporation is comprised of three members of the corporation. All the members of the corporation are nuns. Therefore, from a legal perspective, the ROCOR-L has no interests in the corporation and its property.

However, the plaintiffs claim that according to the canons, the Statute of Monasteries of 1959 and normal parish bylaws, a monastery or parish’s property is held in trust for ROCOR.

Mother Abbess Eugenia has labored her whole life for the convent, and as mother superior has carried on the work and upheld the legacy of Abbess Rufina and Abbess Ariadna. The convent has always been independent, self-sustaining and self-managing, and has maintained the spirit of the true monasticism of old Russia. When the convent saw that the ROCOR-L was trying to take over its property and place a male hierarch on its board of directors (in 1999 Archbishop Anthony demanded to be put on the Board of Directors, which Mother Abbess Eugenia refused to do), and when the convent learned of the ROCOR-L’s negotiations with the MP and of the attempt to kidnap Metropolitan Vitaly in Mansonville, the convent left it to follow the ROCIE. Now the ROCOR-L is endeavoring, through this lengthy and strenuous legal process, to take from them all of their property and assets.

Mother Abbess Eugenia and the sisters are fighting for their life’s work, for their convent, for the right of religion freedom, and for the Church and its Truth.

[尼古拉前执事]

Check out the CBS Newscast on Convent Lawsuit.