Resolution Number: 2015-A127
Title: Amend Canon IV.13 [New Section 13.7: Of Hearing Panels--Sanctions]
Legislative Action Taken: Concurred as Amended
Final Text:

Resolved, That Canon IV.13 is hereby amended by adding a new section 7, to read as follows:

Sec. 7(a). The Hearing Panel shall have the authority, upon reasonable notice, to impose sanctions on the Respondent, the Respondent’s counsel, or the Church Attorney, for conduct that the Hearing Panel deems to be disruptive, dilatory, or otherwise contrary to the integrity of the proceedings. If the conduct in question is that of the Respondent’s counsel, notice shall be given to the following: the Respondent, Respondent’s counsel, and Respondent’s Advisor. If the conduct in question is that of the Church Attorney, notice shall be given to each of the Church Attorney, the Bishop Diocesan, and the person or Diocesan body with authority to remove or replace the Church Attorney. If the conduct is that of the Respondent, notice shall be given to each of the Church Attorney, the Bishop Diocesan, Respondent’s counsel, Respondent’s Advisor, and Respondent.

(b). Any sanction must be proportionate to the underlying misconduct. Sanctions that may be imposed pursuant to Canon IV.13.7 (a) include, but are not limited to

(i) amending a scheduling order:

(ii) limiting discovery;

(iii) refusing to allow the disobedient party to support or oppose claims or defenses;

(iv) refusing to allow the disobedient party to introduce certain matters into evidence;

(v) striking claims or defenses or responses; or

(vi) disqualification of counsel.

(c) Within 10 days of the imposition of sanctions under this section, the sanctioned party may appeal the sanction to the Disciplinary Board (excluding the members of the Hearing Panel). The standard of review for such appeal shall be de novo. The President of the Disciplinary Board shall establish a hearing date and convene the Disciplinary Board members, within 20 days, either personally or telephonically, to consider the appeal. The Disciplinary Board shall issue its ruling within three days of conclusion of the hearing. The ruling of the Disciplinary Board cannot be the subject of an interlocutory appeal.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Salt Lake City, 2015 (New York: General Convention, 2015), pp. 458-459.

Legislative History

Author: Standing Commission on Constitution and Canons
Originating House: House of Deputies
Originating Committee: Constitution and Canons

House of Deputies

The House of Deputies Committee on Constitution and Canons presented its Report #24 on Resolution A127 (Amend Canon IV.5 Add Canon IV.5.4) and moved adoption with amendment.

Original Text of Resolution:

(A127)

Resolved, the House of Bishops concurring, That Canon IV.5 is hereby amended by adding Canon IV.5.4 to read as follows:

Sec. 4(a). The President of the Hearing Panel shall have the authority, upon reasonable notice, to impose sanctions on the Respondent, the Respondent’s counsel, or the Church Attorney, for conduct that the President deems to be disruptive, dilatory, or otherwise contrary to the integrity of the proceedings. If the conduct in question is that of the Respondent’s counsel, notice shall be given to the following: the Respondent, Respondent’s counsel, and Respondent’s Advisor. If the conduct in question is that of the Church Attorney, notice shall be given to each of the Church Attorney, the Bishop Diocesan, and the person or Diocesan body with authority to remove or replace the Church Attorney.

Sec. 4(b). Sanctions which may be imposed pursuant to Section 5(a) above include but may not be limited to

(i) refusing to allow the disobedient party to support or oppose claims or defenses;

(ii) refusing to allow the disobedient party from introducing certain matters into evidence;

(iii) striking claims or defenses or responses; or

(iv) disqualification of counsel.

Sec. 4(c). Within 10 days of the imposition of sanctions under this section, the sanctioned party may appeal the sanction to the Disciplinary Board (excluding the members of the Hearing Panel). The President of the Disciplinary Board shall establish a hearing date and convene the Disciplinary Board members, within 20 days, either personally or telephonically, to consider the appeal. The Disciplinary Board shall issue its ruling within three days of conclusion of the hearing. The ruling of the Disciplinary Board cannot be the subject of an interlocutory appeal.

Committee Amendment:

Resolved, the House of Bishops concurring, That Canon IV.5 is hereby amended by adding Canon IV.5.4 IV.13 is hereby amended by adding a new section 7, to read as follows:

Sec. 4 7(a). The President of the Hearing Panel shall have the authority, upon reasonable notice, to impose sanctions on the Respondent, the Respondent’s counsel, or the Church Attorney, for conduct that the President Hearing Panel deems to be disruptive, dilatory, or otherwise contrary to the integrity of the proceedings. If the conduct in question is that of the Respondent’s counsel, notice shall be given to the following: the Respondent, Respondent’s counsel, and Respondent’s Advisor. If the conduct in question is that of the Church Attorney, notice shall be given to each of the Church Attorney, the Bishop Diocesan, and the person or Diocesan body with authority to remove or replace the Church Attorney. If the conduct is that of the Respondent, notice shall be given to each of the Church Attorney, the Bishop Diocesan, Respondent’s counsel, Respondent’s Advisor, and Respondent.

Sec. 4(b). S Any sanctions must be proportionate to the underlying misconduct. Sanctions that which may be imposed pursuant to Section 5Canon IV.13.7(a) above include, but may are not be limited to

(i) amending a scheduling order:

(ii) limiting discovery;

(iii) refusing to allow the disobedient party to support or oppose claims or defenses;

(iiiv) refusing to allow the disobedient party from introducing to introduce certain matters into evidence;

(iii v) striking claims or defenses or responses; or

(ivvi) disqualification of counsel.

Sec. 4 (c) Within 10 days of the imposition of sanctions under this section, the sanctioned party may appeal the sanction to the Disciplinary Board (excluding the members of the Hearing Panel). The standard of review for such appeal shall be de novo. The President of the Disciplinary Board shall establish a hearing date and convene the Disciplinary Board members, within 20 days, either personally or telephonically, to consider the appeal. The Disciplinary Board shall issue its ruling within three days of conclusion of the hearing. The ruling of the Disciplinary Board cannot be the subject of an interlocutory appeal.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #259)

House of Bishops

The House of Bishops Committee on Constitution and Canons presented its Report #34 on HD Message #259 on Resolution A127 (Amend Canon IV.5 -- Add Canon IV.5.4) and moved concurrence.

Motion carried

The House concurred

(Communicated to the House of Deputies in HB Message #366)

Resolution Concurred by Both Houses, July 3.

Report Reference:   Standing Commission on Constitution and Canons, Reports to the 78th General Convention, 2015, pp. 313-367.
Abstract:   The 78th General Convention amends Canon IV.13 by adding a new Section 7 to provide express authority for imposing sanctions for conduct that is contrary to the integrity of disciplinary proceedings.