The Acts of Convention
| Resolution Number: | 2009-A058 |
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| Title: | Amend Canons IV.6 [Of Appeals to the Court of Review of a Bishop] IV.14 [Expenses], IV.15 [Definition of Ecclesiastical Trial Court] and the Appendix to Title IV [Rules] |
| Legislative Action Taken: | Concurred |
| Final Text: | |
Resolved, That the following sections of Title IV are hereby amended to read as follows:
Canon IV.6.2.
The Court of Review of the Trial of a Bishop is vested with jurisdiction
to hear and determine appeals from the determinations of the Court for the
Trial of a Bishop and the Court for the Trial of a Bishop for an Offense of
Doctrine.
Canon IV.6.17.
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.
Canon IV.14.23. 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.
Canon IV.15 (definition of Ecclesiastical Trial Court)
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.
The title of Appendix A to read as follows: Rules of Procedure of the
Ecclesiastical Trial Courts and the Court for the Trial of a
Bishop.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Anaheim, 2009 (New York: General Convention, 2009), pp. 288-289. |
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Legislative History
| Author: | The Standing Commission on Constitution and Canons |
|---|---|
| Originating House: | House of Deputies |
| Originating Committee: | Committee on Canons |
House of Deputies
Deputy Little of Vermont moved to suspend the Rules for immediate consideration of Resolution A058 (Amend Canons IV.6, IV.14, IV.15 and the Appendix to Title IV).
Motion carried
Rules suspended
The House of Deputies Committee on Canons presented its Report #10 on Resolution A058 (Amend Canons IV.6, IV.14, IV.15 and the Appendix to Title IV) and moved adoption.
Original Text of Resolution:
(A058)
Resolved, the House of Bishops concurring, That the following sections of Title IV are hereby amended to read as follows:
Canon IV.6.2.
The Court of Review of the Trial of a Bishop is vested with jurisdiction to
hear and determine appeals from the determinations of
the Court for the Trial of a Bishop and the Court for the Trial of a Bishop
for an Offense of Doctrine.
Canon IV.6.17.
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.
Canon IV.14.23. 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.
Canon IV.15. (definition of Ecclesiastical Trial Court)
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.
The title of Appendix A to read as follows: Rules of Procedure of the
Ecclesiastical Trial Courts and the Court for the Trial of a
Bishop.
Motion carried
Resolution adopted
(Communicated to the House of Bishops in HD Message #135)
House of Bishops
The House of Bishops Committee on Canons presented its Report #14 on HD Message #135 on Resolution A058 (Amend Canons IV.6, IV.14, IV.15 and the Appendix to Title IV) and moved concurrence.
The House concurred
(Communicated to the House of Deputies in HB Message #189)
Resolution Concurred by Both Houses, July 15.
| Report Reference: | Standing Commission on Constitution and Canons, Reports to the 76th General Convention, 2009, pp. 109-121. |
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| Abstract: | The 76th General Convention amends Canon Titles IV.6, IV.14, IV.15 and the Appendix to Title IV to conform to the Constitution. |
| Notes: | This resolution amended the existing 2006 Title IV canons on ecclesiastical discipline and took effect on January 1, 2010. See also 2009-A185 for a wholesale revision to the Title IV canons which were also enacted to take effect on July 1, 2011. |