The Acts of Convention

House of Deputies

The House of Deputies Committee on Ministry presented its Report #7 on Resolution D056 (Amend Canons on Court for Trial of a Bishop) and moved adoption with amendment.

Deputy Rehill of Newark moved to table the resolution until after consideration of Resolution D062.

Motion carried

Consideration postponed

House of Deputies

The House of Deputies Committee on Ministry presented Report #7 on Resolution D056 (Amend Canons on Court for Trial of a Bishop) and moved adoption with amendment.

Original Text of Resolution:

(D056)

Resolved, the House of Bishops concurring, That Canon IV.3.21(c) be amended to read as follows:

Sec. 21 (c) A Bishop may be Presented for an Offense under Canon IV.1.1(c) and any other Offenses arising out of acts alleged to be contrary to the doctrine of the Church which was the subject of the Statement of Disassociation only upon a written Presentment signed by any ten Bishops exercising jurisdiction in this Church. The Presentment shall be filed with the Presiding Bishop, together with a brief in support thereof, and a statement why the issuance of a Statement of Disassociation was not a sufficient response to the acts alleged, within six months of the issuance of a Statement of Disassociation based upon the same doctrine as was alleged in the Request for a Statement of Disassociation. The Presiding Bishop shall thereupon serve a copy of the Presentment upon the Bishop presented, together with a copy of the supporting brief and statement. The Presiding Bishop shall fix a date for the filing of an answer, brief in support thereof, and statement why the issuance of a Statement of Disassociation was a sufficient response to the acts alleged, within three months from the date of service, and may extend the time for answering for not more than two additional months. Upon the filing of an answer, supporting brief, and statement, if any, or upon the expiration of the time fixed for an answer, if none be filed, the Presiding Bishop shall forthwith transmit copies of the Presentment, answer, briefs, and statements to each member of the House of Bishops. The written consent of one-third of the Bishops qualified to vote in the House of Bishops shall be required before the proceeding may continue. In case the Presiding Bishop does not receive the written consent of one-third of all the Bishops eligible to vote within sixty days of the date the notification by the Presiding Bishops was sent to them, the Presiding Bishop shall declare the Presentment dismissed and no further proceedings may be had thereon.

If the Presiding Bishop receives the necessary written consents within sixty days as specified above, the Presiding Bishop shall forthwith forward the Presentment, answer, briefs, and statements to the Presiding Judge of The Court for the Trial of a Bishop for an Offense of Doctrine.

And be it further

Resolved, That Canon IV.5 sections 1–9 be amended to read as follows:

Sec. 1. The Court for the Trial of a Bishop is vested with jurisdiction to try a Bishop who is duly Presented for one or more Offenses. not including the Offense in Canon IV.1.1(c). The Court for the Trial of a Bishop for an Offense of Doctrine is vested with jurisdiction to try a Bishop who is duly Presented for one or more Offenses pursuant to Canon IV.3.21(c).

Sec. 2. The Court for the Trial of a Bishop shall consist of five Bishops of this Church, two Priests, and two confirmed adult lay communicants of this Church in good standing. Five Bishops shall be elected by the House of Bishops at each regular meeting of General Convention, to serve until the adjournment of the next regular meeting of General Convention. Two Priests and two confirmed adult lay communicants of this Church in good standing shall be elected by the House of Deputies at each regular meeting of General Convention, to serve until the adjournment of the next regular meeting of General Convention.

Sec. 2 3. The Court for the Trial of a Bishop for an Offense of Doctrine shall consist of nine Bishops of this Church. Three Bishops shall be elected by the House of Bishops at each regular meeting of General Convention, to serve until the adjournment of the third succeeding regular meeting of General Convention.

Sec. 4. All judges shall serve until their successors are elected and qualify; Provided, however, there shall be no change in composition of a Court as to a proceeding pending before it, while that proceeding is unresolved except as specified in Canon IV.5.3.

Sec. 3 5 (a) No Judge shall sit as a member of a Court for the Trial of a Bishop who is a Complainant, or is related to the Respondent or Complainant by affinity or consanguinity, or who is excused pursuant to Canon IV.14.13; nor shall any Judge sit who, upon objection made by either party for any reason, is deemed by the other members of the Court to be disqualified.

(b) The death, permanent disability rendering the person unable to act, resignation or declination to serve as a member of the a Court for the Trial of a Bishop shall constitute a vacancy in the that Court. The recusal or disqualification of a member of the a Court from consideration of a particular Presentment shall constitute a temporary vacancy in the that Court.

(c) Notices of resignations or declinations to serve shall be given by any Bishop chosen to serve as a member of the Court for the Trial of a Bishop or Court for the Trial of a Bishop for an Offense of Doctrine by written notice sent to the Presiding Bishop.

(d) Notices of resignations or declinations to serve shall be given by any Priest or lay person chosen to serve as a member of the Court for the Trial of a Bishop by written notice sent to the President of the House of Deputies.

(d)(e) Notices of recusal shall be given by a Judge to the Presiding Judge.

Sec. 4 6. The Courts for the Trial of a Bishop shall from time to time elect from its own membership a Presiding Judge, who shall hold office until the expiration of the term for which chosen. If in any proceeding before the a Court the Presiding Judge is disqualified or is for any cause unable to act, the that Court shall elect from its members a Presiding Judge pro tempore.

Sec. 5 7. When the a Court is not in session, if there is a vacancy in the office of the Presiding Judge, the Bishop who is senior by consecration shall perform the duties of the office of Presiding Judge.

Sec. 6 8. Vacancies occurring in the a Court for the Trial of a Bishop shall be filled as follows:

Sec. 7 9. Not less than five of the Judges shall constitute a quorum, but any less number may adjourn the Court from time to time.

Sec. 8 10. (a) Upon receiving a Presentment, the Presiding Judge shall, within 30 days, send to each member of the Court a copy of the Presentment. If the Presentment is issued pursuant to Canon IV.2.31(c) the Presiding Judge shall also send a copy of the supporting briefs, answer, and statements.

(b) The Presiding Judge of the Court shall, within not more than three calendar

months from the Presiding Judge's receipt of the Presentment, summon the Respondent to answer the Presentment in accordance with the Rules of Procedure.

(c) Court proceedings at which the Respondent and Church Attorney are to appear shall be held within the Diocese of the accused Bishop, or within the Diocese where the accused Bishops lives or serves, at the discretion of the Court. The Court may, for good cause, appoint another place for any such proceedings or conduct such proceedings by telephone conference provided that all participants can hear and be heard by all other participants in the telephone conference.

Sec. 9 11. Within three months following each regular meeting of General Convention, the Court for the Trial of a Bishop shall appoint a Church Attorney to serve until the next regular meeting of General Convention and until a successor is duly appointed and qualified, and from time to time for good cause and upon the request of the Church Attorney, appoint one or more assistant Church Attorneys to act for and in the place of the Church Attorney.

And be it further

Resolved, That Canon IV.6 sections 2 and 17 be amended to read as follows:

Sec. 2. The Court of Review of the Trial of a Bishop is vested with jurisdiction to hear and determine appeals from the determination of the Court for the Trial of a Bishop and the Court for the Trial of a Bishop for an Offense of Doctrine.

Sec. 17. An appeal shall be heard upon the Record on Appeal of the Court for the Trial of a Bishop or the Court for the Trial of a Bishop for an Offense of Doctrine. Except for the purpose of correcting the Record on Appeal, if defective, no new evidence shall be taken by the Court of Review.

And be it further

Resolved, That the definition of Ecclesiastical Trial Court in Canon IV.14 Sec. 23 be amended to read as follows:

Sec. 23. Expenses of Parties and Costs of Proceedings. Except as expressly provided in this Title, or applicable Diocesan canon, all costs, expenses and fees of the several parties shall be the obligation of the party incurring them. The record of proceedings of a Diocesan Ecclesiastical Trial Court shall be the expense of the Diocese. The record of proceedings of a Court of Review of a Trial of a Priest or Deacon shall be the expense of the Province. The Record of proceedings of a Review Committee, the Court for the Trial of a Bishop, the Court for the Trial of a Bishop for an Offense of Doctrine and the Court of Review of a Trial of a Bishop shall be the expense of the General Convention. Nothing in this Title precludes the voluntary payment of a Respondent's costs, expenses and fees by any other party or person, including a Diocese.

And be it further

Resolved, That Canon IV.15 be amended to read as follows:

Ecclesiastical Trial Court shall mean a Diocesan Court for the Trial of a Priest or Deacon established pursuant to Canon IV.4(a) and The Court for the Trial of a Bishop and the Court for the Trial of a Bishop for an Offense of Doctrine pursuant to Canon IV.5.1.

And be it further

Resolved, That the Title IV Appendix A be amended to read as follows:

Title IV Appendix A

Rules of Procedure of the Ecclesiastical Trial Courts and the Court for the Trial of a Bishop

Committee Amendment:

Resolved, the House of Bishops concurring, That Canon IV.3.21(c) be amended to read as follows:

Sec. 21 (c) A Bishop may be Presented for an Offense under Canon IV.1.1(c) and any other Offenses arising out of acts alleged to be contrary to the doctrine of the Church which was the subject of the Statement of Disassociation only upon a written Presentment signed by any ten Bishops exercising jurisdiction in this Church. The Presentment shall be filed with the Presiding Bishop, together with a brief in support thereof, and a statement why the issuance of a Statement of Disassociation was not a sufficient response to the acts alleged, within six months of the issuance of a Statement of Disassociation based upon the same doctrine as was alleged in the Request for a Statement of Disassociation. The Presiding Bishop shall thereupon serve a copy of the Presentment upon the Bishop presented, together with a copy of the supporting brief and statement. The Presiding Bishop shall fix a date for the filing of an answer, brief in support thereof, and statement why the issuance of a Statement of Disassociation was a sufficient response to the acts alleged, within three months from the date of service, and may extend the time for answering for not more than two additional months. Upon the filing of an answer, supporting brief, and statement, if any, or upon the expiration of the time fixed for an answer, if none be filed, the Presiding Bishop shall forthwith transmit copies of the Presentment, answer, briefs, and statements to each member of the House of Bishops. The written consent of one-third of the Bishops qualified to vote in the House of Bishops shall be required before the proceeding may continue. In case the Presiding Bishop does not receive the written consent of one-third of all the Bishops eligible to vote within sixty days of the date the notification by the Presiding Bishops was sent to them, the Presiding Bishop shall declare the Presentment dismissed and no further proceedings may be had thereon.

If the Presiding Bishop receives the necessary written consents within sixty days as specified above, the Presiding Bishop shall forthwith forward the Presentment, answer, briefs, and statements to the Presiding Judge of The Court for the Trial of a Bishop for an Offense of Doctrine.

And be it further

Resolved, That Canon IV.5 sections 1–9 be amended to read as follows:

Sec. 1. The Court for the Trial of a Bishop is vested with jurisdiction to try a Bishop who is duly Presented for one or more Offenses. not including the Offense in Canon IV.1.1(c). The Court for the Trial of a Bishop for an Offense of Doctrine is vested with jurisdiction to try a Bishop who is duly Presented for one or more Offenses pursuant to Canon IV.3.21(c).

Sec. 2. The Court for the Trial of a Bishop shall consist of five Bishops of this Church, two Priests or Deacons, and two confirmed adult lay communicants of this Church in good standing. Five Bishops shall be elected by the House of Bishops at each regular meeting of General Convention, to serve until the adjournment of the next regular meeting of General Convention. Two Priests or Deacons and two confirmed adult lay communicants of this Church in good standing shall be elected by the House of Deputies at each regular meeting of General Convention, to serve until the adjournment of the next regular meeting of General Convention.

Sec. 2 3. The Court for the Trial of a Bishop for an Offense of Doctrine shall consist of nine Bishops of this Church. Three Bishops shall be elected by the House of Bishops at each regular meeting of General Convention, to serve until the adjournment of the third succeeding regular meeting of General Convention.

Sec. 4. All judges shall serve until their successors are elected and qualify; Provided, however, there shall be no change in composition of a Court as to a proceeding pending before it, while that proceeding is unresolved except as specified in Canon IV.5.3.

Sec. 3 5. (a) No Judge shall sit as a member of a Court for the Trial of a Bishop who is a Complainant, or is related to the Respondent or Complainant by affinity or consanguinity, or who is excused pursuant to Canon IV.14.13; nor shall any Judge sit who, upon objection made by either party for any reason, is deemed by the other members of the Court to be disqualified.

(b) The death, permanent disability rendering the person unable to act, resignation or declination to serve as a member of the a Court for the Trial of a Bishop shall constitute a vacancy in the that Court. The recusal or disqualification of a member of the a Court from consideration of a particular Presentment shall constitute a temporary vacancy in the that Court.

(c) Notices of resignations or declinations to serve shall be given by any Bishop chosen to serve as a member of the Court for the Trial of a Bishop or Court for the Trial of a Bishop for an Offense of Doctrine by written notice sent to the Presiding Bishop.

(d) Notices of resignations or declinations to serve shall be given by any Priest or lay person chosen to serve as a member of the Court for the Trial of a Bishop by written notice sent to the President of the House of Deputies.

(d)(e) Notices of recusal shall be given by a Judge to the Presiding Judge.

Sec. 4 6. The Courts for the Trial of a Bishop shall from time to time elect from its own membership a Presiding Judge, who shall hold office until the expiration of the term for which chosen. If in any proceeding before the a Court the Presiding Judge is disqualified or is for any cause unable to act, the that Court shall elect from its members a Presiding Judge pro tempore.

Sec. 5 7. When the a Court is not in session, if there is a vacancy in the office of the Presiding Judge, the Bishop who is senior by consecration shall perform the duties of the office of Presiding Judge.

Sec. 6 8. Vacancies occurring in the a Court for the Trial of a Bishop shall be filled as follows:

Sec. 7 9. Not less than five of the Judges shall constitute a quorum, but any less number may adjourn the Court from time to time.

Sec. 8 10. (a) Upon receiving a Presentment, the Presiding Judge shall, within 30 days, send to each member of the Court a copy of the Presentment. If the Presentment is issued pursuant to Canon IV.2.31(c) the Presiding Judge shall also send a copy of the supporting briefs, answer, and statements.

(b) The Presiding Judge of the Court shall, within not more than three calendar

months from the Presiding Judge's receipt of the Presentment, summon the Respondent to answer the Presentment in accordance with the Rules of Procedure.

(c) Court proceedings at which the Respondent and Church Attorney are to appear shall be held within the Diocese of the accused Bishop, or within the Diocese where the accused Bishops lives or serves, at the discretion of the Court. The Court may, for good cause, appoint another place for any such proceedings or conduct such proceedings by telephone conference provided that all participants can hear and be heard by all other participants in the telephone conference.

Sec. 9 11. Within three months following each regular meeting of General Convention, the Court for the Trial of a Bishop shall appoint a Church Attorney to serve until the next regular meeting of General Convention and until a successor is duly appointed and qualified, and from time to time for good cause and upon the request of the Church Attorney, appoint one or more assistant Church Attorneys to act for and in the place of the Church Attorney.

And be it further

Resolved, That Canon IV.6 sections 2 and 17 be amended to read as follows:

Sec. 2. The Court of Review of the Trial of a Bishop is vested with jurisdiction to hear and determine appeals from the determination of the Court for the Trial of a Bishop and the Court for the Trial of a Bishop for an Offense of Doctrine.

Sec. 17. An appeal shall be heard upon the Record on Appeal of the Court for the Trial of a Bishop or the Court for the Trial of a Bishop for an Offense of Doctrine. Except for the purpose of correcting the Record on Appeal, if defective, no new evidence shall be taken by the Court of Review.

And be it further

Resolved, That the definition of Ecclesiastical Trial Court in Canon IV.14 Sec. 23 be amended to read as follows:

Sec. 23. Expenses of Parties and Costs of Proceedings. Except as expressly provided in this Title, or applicable Diocesan canon, all costs, expenses and fees of the several parties shall be the obligation of the party incurring them. The record of proceedings of a Diocesan Ecclesiastical Trial Court shall be the expense of the Diocese. The record of proceedings of a Court of Review of a Trial of a Priest or Deacon shall be the expense of the Province. The Record of proceedings of a Review Committee, the Court for the Trial of a Bishop, the Court for the Trial of a Bishop for an Offense of Doctrine and the Court of Review of a Trial of a Bishop shall be the expense of the General Convention. Nothing in this Title precludes the voluntary payment of a Respondent's costs, expenses and fees by any other party or person, including a Diocese.

And be it further

Resolved, That Canon IV.15 be amended to read as follows:

Ecclesiastical Trial Court shall mean a Diocesan Court for the Trial of a Priest or Deacon established pursuant to Canon IV.4(a) and The Court for the Trial of a Bishop and the Court for the Trial of a Bishop for an Offense of Doctrine pursuant to Canon IV.5.1.

And be it further

Resolved, That the Title IV Appendix A be amended to read as follows:

Title IV Appendix A

Rules of Procedure of the Ecclesiastical Trial Courts and the Court for the Trial of a Bishop

Deputy Seitz of West Virginia moved to terminate debate.

Motion carried

Debate terminated

A vote was taken on Resolution D056 as amended.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #181)