Attorney Was Negligent in Church Case, Judge Rules

Robert W. Garcin, head of the Burbank Airport board and former mayor of Glendale, on Friday was ruled negligent as a private attorney for failing to properly defend the United Community Church of Glendale from multimillion-dollar lawsuits.

The ruling means that the debt-ridden congregation, which was facing the threat of having to sell its church building to repay loans from former parishioners and court-ordered penalties, may be able to collect the funds from Garcin and his former law firm--Irsfeld, Irsfeld & Younger of Glendale.

“It looks like they don’t have to sell the church,” said Harry F. Scolinos, a Pasadena attorney who represented the church in its malpractice suit against Garcin.

Garcin and his former firm have 60 days to appeal the ruling.

A hearing will be held July 10 to determine the amount of damages.

‘No Defense’

Glendale Superior Court Judge Joseph R. Kalin said he granted a summary judgment against Garcin without a trial because “there is no defense” for Garcin’s failure to protect the church.

Garcin could not be reached for comment.

Garcin, president of the Burbank-Glendale-Pasadena Airport Authority, served two terms on the Glendale City Council, from 1975 to 1983. He was mayor in 1978-79 and 1982-83. He retired from private practice several years ago and is now general counsel and vice president of M.J. Brock & Sons Inc. of Los Angeles, one of the largest home builders in Southern California.

Scolinos submitted evidence showing that Garcin agreed in May, 1984, to represent the church but allowed the church to lapse into automatic default because Garcin did nothing for more than a year to contest a $1.2-million award against it. Under the law, the judgment could not be appealed after it had gone unchallenged for more than a year, Scolinos said.

Anti-Communist Sermons

The church and other organizations founded by the Rev. William Steuart McBirnie were held liable in a morass of suits seeking repayment of loans made to McBirnie, a nationally syndicated radio and television evangelist known for his anti-communist sermons.

The U.S. District Court of Appeal in 1987 upheld the $1.2-million award against McBirnie and the organizations he founded, including the church.

As much as $3.7 million is owed to about 380 creditors in this and other suits, according to court documents.

Scolinos said the church “never borrowed that money from those people. It all went to McBirnie.” He said the ruling “vindicated the church as far as any wrongdoing.”

McBirnie stepped down as senior minister at the church in 1986. Several organizations he founded--including the church, the California Graduate School of Theology and the Concord Senior Housing Foundation--were forced into bankruptcy proceedings to forestall creditors.

McBirnie, who continues his “Voice of Americanism” radio show and the televised “Trumpets in the Morning” show, has said that he does not control the bankrupt organizations and is not responsible for their finances.