The Acts of Convention

Resolved, That the following Canons are hereby amended as follows:

Canon IV.1.1(h)(1), the second sentence thereof is amended to read: Unless the Charge by the Bishop and the Presentment by the Standing Committee Diocesan Review Committee comply with the foregoing provisions, no finding of a violation based on an act of disregarding a Pastoral Direction or of failing to obey the Bishop having authority over the person charged may be made.

Canon IV.1.2(d) is amended to read:

(d) Any Priest or Deacon against whom a Temporary Inhibition has been issued, modified, or extended may request a hearing concerning the Temporary Inhibition before the Standing Committee Diocesan Review Committee, which shall hear the same at the earliest possible time, but not later than fourteen days after the date of receipt of the request. The Standing Committee Diocesan Review Committee by a two-thirds vote may dissolve or modify the Temporary Inhibition. The Bishop and the Church Attorney shall be given notice of such hearing and shall be permitted to attend and be heard or to designate a representative to attend and be heard.

Canon IV.1.2(f) is amended to read:

(f) A Temporary Inhibition shall continue in force and effect until the earlier of (i) the issuance of an Inhibition as otherwise permitted by this Title, (ii) the withdrawal of the Charge or the allegations, (iii) the refusal of the Standing Committee Diocesan Review Committee to make a Presentment on the Charges alleged, (iv) dissolution of the Temporary Inhibition, (v) imposition of Sentence following a voluntary submission to discipline under Canon IV.2, or (vi) a period of ninety days measured from the date of service of the Temporary Inhibition; Provided, however, the ninety day period may be extended by the Bishop for additional ninety day periods upon good cause.

Canon IV.1.3 is amended by deleting therefrom the words, "Standing Committee" and inserting in place thereof the words, "Diocesan Review Committee", so that it read, in pertinent part:

Sec. 3. If a Presentment has been made by the Standing Committee Diocesan Review Committee against a Priest or Deacon, or if a judgment has been entered against a Priest or Deacon in a civil Court of Record in a cause involving immorality, the Bishop in whose jurisdiction the Priest or Deacon is canonically resident or of the jurisdiction wherein the conviction or judgment has been entered may issue an Inhibition to the Priest or Deacon until after the Judgement of the Ecclesiastical Trial Court becomes final.

Canon IV.3.1 is amended to read:

Sec. 1. In each Diocese there shall be a Diocesan Review Committee. Each Diocese shall provide by Canon for the establishment of the Diocesan Review Committee. The Canon of a Diocese may designate the Standing Committee as the Diocesan Review Committee. If the Standing Committee is not so designated, the Canon of a Diocese establishing the Diocesan Review Committee shall provide that the Diocesan Review Committee shall (i) include lay persons and Priests or Deacons, the majority of the Diocesan Review Committee to be Priests or Deacons (but by no more than one), and (ii) annually elect from its members a President. In the absence of a Canon of the Diocese establishing a Diocesan Review Committee, the Standing Committee shall serve as the Diocesan Review Committee. A Presentment to the Ecclesiastical Trial Court may be issued only by the Standing Committee Diocesan Review Committee as provided in this Canon.

Canon IV.3.2 is amended to read:

Sec. 2. A Charge against a Priest or Deacon shall be in writing, verified and addressed to the Standing Committee Diocesan Review Committee of the Diocese wherein the Priest or Deacon is canonically resident, except as otherwise expressly provided in this Title. It shall concisely and clearly inform as to the nature of and facts surrounding each alleged Offense.

Canon IV.3.5 is amended to read:

Sec. 5. Whenever the Bishop has sufficient reason to believe that any Priest or Deacon canonically resident in that Diocese has committed an Offense and the interests and good order and discipline of the Church require investigation by the Standing Committee Diocesan Review Committee, the Bishop shall concisely and clearly inform the Standing Committee Diocesan Review Committee in writing as to the nature of and facts surrounding each alleged Offense but without judgment or comment upon the allegations, and the Standing Committee Diocesan Review Committee shall proceed as if a Charge had been filed.

Canon IV.3.8 is amended to read:

Sec. 8. Any Charge against a Priest or Deacon shall be promptly filed with the President of the Standing Committee President of the Diocesan Review Committee.

Canon IV.3.9 is amended to read:

Sec. 9. Upon the filing of a Charge with the Standing Committee Diocesan Review Committee, the Committee shall promptly communicate the same to the Bishop and the Respondent.

Canon IV.3.10 is amended to read:

Sec. 10. In a case of a Priest or Deacon convicted in a criminal Court of Record in a cause involving immorality, or against whom a judgment has been entered in a civil Court of Record in a cause involving Immorality immorality, the Priest or Deacon shall notify the Ecclesiastical Authority of the Diocese in which the Priest or Deacon is canonically resident, in writing, of such conviction or entry of judgment, within thirty days thereof, whether or not any time for appeal has expired. It shall be the duty of the Ecclesiastical Authority to give notice of the conviction or entry of judgment to the Standing Committee Diocesan Review Committee of the Diocese in which the Priest or Deacon is canonically resident in which case, or if the Standing Committee Diocesan Review Committee shall otherwise have knowledge of such conviction or judgment, it shall be the duty of the Standing Committee Diocesan Review Committee to institute an inquiry into the matter. If the conviction or judgment be established, the Standing Committee Diocesan Review Committee shall issue a Presentment against the Priest or Deacon for Trial. The time periods specified in Canon IV.14.4 shall be tolled until the Priest or Deacon provides the required notification to the Ecclesiastical Authority. Nothing in this section shall prevent Charges from being filed against the Priest or Deacon based on the conviction, judgment, or underlying acts pursuant to Sections 3 or 4.

Canon IV.3.11 is amended to read:

Sec. 11. Within thirty days after the filing of a Charge, other than a Charge alleging a conviction in a criminal Court of Record in a cause involving immorality or alleging the entry of a judgment in a civil Court of Record in a cause involving immorality, the Standing Committee Diocesan Review Committee shall convene to consider the Charge. If after such consideration the Standing Committee Diocesan Review Committee determines that an Offense may have occurred if the facts alleged be true, the Standing Committee Diocesan Review Committee shall prepare a written general statement of the Charge and the facts alleged to support the Charge and transmit the same to the Church Attorney.

Canon IV. 3.13 is amended to read:

Sec. 13. Within sixty days after receipt of the statement from the Standing Committee, Diocesan Review Committee, unless delayed for good and sufficient cause stated, the Church Attorney shall render a confidential Report to the Standing Committee Diocesan Review Committee of the findings of that investigation and as to whether or not an Offense may have been committed if the facts disclosed by the investigation be found to be true upon Trial, and with a recommendation as to the matter in the interest of justice and the good order and discipline of this Church and based upon such other matters as shall be pertinent. The report of the Church Attorney shall be confidential for all purposes as between the Church Attorney and the Standing Committee. Diocesan Review Committee, provided, however, the Standing Committee Diocesan Review Committee shall share the report of the Church Attorney with the Bishop of the Diocese.

Canon IV.3.14 (a), (b), and (c) are amended to read:

(a) Within thirty days after the receipt of the report of the Church Attorney, the Standing Committee Diocesan Review Committee shall convene to consider the report and whether or not a Presentment shall issue.

(b) In its deliberations, the Standing Committee Diocesan Review Committee may consider the Church Attorney's report, responsible writings or sworn statements pertaining to the matter, including experts' statements, whether or not submitted by the Church Attorney. To assist in its deliberations, the Standing Committee Diocesan Review Committee may itself, or through a subcommittee of its members or others appointed by the Standing Committee Diocesan Review Committee, provide an opportunity to be heard to the Respondent, the alleged Victim, the Complainant or other persons and receive additional evidence which it in its sole discretion deems appropriate.

(c) The Standing Committee Diocesan Review Committee may issue a Presentment for an Offense when the information before it, if proved at Trial, provides Reasonable Cause to believe that (i) an Offense was committed, and (ii) the Respondent committed the Offense.

Canon IV.3.15 is amended to read:

Sec. 15(a) The vote of a majority of All the Members of the Standing Committee Diocesan Review Committee shall be required to issue a Presentment. If the provisions of Canon IV.7.1 apply, the consent of a majority of All the Members of the Standing Committee Diocesan Review Committee of the Diocese in which the Offense is alleged to have occurred must be obtained. No member shall disclose his or her vote or the vote of any member to any person not a member of the Standing Committee Diocesan Review Committee. (b) In the event that, due to members who have been excused or vacancies in office, the Standing Committee Diocesan Review Committee does not have sufficient voting members to meet the requirements of Sec. 15(a), the action of the Standing Committee Diocesan Review Committee shall be postponed until such time as there are sufficient members in office to fulfill the voting requirements of this Section.

Canon IV.3.16 is amended to read:

Sec. 16. If a Presentment be issued, it shall be in writing, dated, and signed by the President or the Secretary of the Standing Committee Diocesan Review Committee on behalf of the Standing Committee Diocesan Review Committee, whether or not that officer voted in favor of the Presentment. In the event that there be no President or Secretary, or they be absent, a member of the Standing Committee Diocesan Review Committee appointed for that purpose shall sign the Presentment. The Presentment also shall contain (i) a separate accusation addressed to each Offense, if there be more than one, and (ii) a plain and concise factual statement of each separate accusation sufficient to clearly apprise the Respondent of the conduct which is the subject of the Presentment.

Canon IV.3.17 is amended to read:

Sec. 17. Promptly after the issuance of a Presentment, the Standing Committee Diocesan Review Committee shall cause the original to be filed with the President of the Ecclesiastical Trial Court with a true copy thereof served upon the Bishop, the Respondent, the Church Attorney and each Complainant, and, unless waived in writing, the alleged Victim, and the Ecclesiastical Authority of the Diocese in which the Respondent is canonically resident, in which the Respondent is licensed, and in which the Respondent resides.

Canon IV.3.18 is amended to read:

Sec. 18. If the Standing Committee Diocesan Review Committee votes not to issue a Presentment, then that decision shall be in writing and shall include an explanation. A copy shall be served upon the Bishop who shall file it with the Secretary of the Convention of the Diocese, the Respondent, the Church Attorney, each Complainant, and, unless waived in writing, the alleged Victim.

Canon IV.4.17 is amended to read:

Sec. 17. In all Ecclesiastical Trials, the Church Attorney shall appear on behalf of the Standing Committee Diocese, which shall then be considered the party on one side and the Respondent the party on the other. Each Complainant and alleged Victim shall be entitled to be present throughout and observe the Trial, and each may be accompanied by counsel and another person of his or her own choosing.

Canon IV.4.18 is amended to read:

Sec. 18. Before a vote is taken on the findings and in the presence of the Respondent and counsel, counsel for the parties may submit requested proposed instructions. The Presiding Judge of the Ecclesiastical Trial Court, after consultation with the Lay Assessors, shall declare which of the proposed instructions shall be issued and shall instruct the members of the Court as to the elements of the Offense and charge them (i) that the Respondent must be presumed not to have committed the Offense alleged until established by Clear and Convincing evidence, and unless such standard of proof be met the Presentment must be dismissed, and (ii) that the burden of proof to establish the Respondent's commission of the Offense is upon the Church Attorney in the name of the Standing Committee Diocese.

Canon IV.4.39 is amended to read:

Sec. 39. The Presiding Judge of the Court of Review of the Province having jurisdiction, within ninety days but not less than sixty days after having received the Record on Appeal, shall appoint a time and place within such Province for the hearing of the appeal. At least thirty days prior to the day appointed, the Presiding Judge shall give written notice of such time and place to the other members of the Court, and also to the Respondent, and to the Bishop and Standing Committee Diocesan Review Committee of the Diocese in which the Ecclesiastical Trial was held.

Canon IV.4.41 is amended to read:

Sec. 41. The Standing Committee Diocesan Review Committee of the Diocese which issued the Presentment shall be deemed to be the opposite party for the purpose of this appeal.

Canon IV.4.51 is amended to read:

Sec. 51. The concurrence of five members of a Court of Review shall be necessary to pronounce a judgment. The judgment or decision of the Court shall be in writing, signed by the members of the Court concurring therein, and shall distinctly specify the grounds of the decision and shall be attached to the record. If the concurrence of five of the members cannot be obtained, that fact shall be stated in the record, and the determination or Judgment of the Trial Court shall stand as affirmed except as to any reversal in part in which there has been concurrence. Immediately after the determination of the appeal, the Presiding Judge of the Court shall give notice thereof in writing to the appellant and appellee and to the Bishop and the Standing Committee Diocesan Review Committee of the Diocese in which the Trial was had. Upon the determination of the appeal, the original record upon which the appeal was heard, together with the record of the Court of Review, certified by the Presiding Judge and the Secretary or Clerk, shall be remitted to the Bishop or the Standing Committee Diocesan Review Committee of the jurisdiction in which the Trial was had and to the Archives of The Episcopal Church. All records remitted as herein provided shall be deposited and be preserved among the Archives of the jurisdiction to which they are sent.

Canon IV.11.1 is amended to read:

Sec. 1. If a Priest or Deacon has engaged in any secular calling or business without the consent of the Bishop of the Diocese in which the Priest or Deacon is canonically resident as provided in Canon III.15, it shall be the duty of the Standing Committee Diocesan Review Committee of the Diocese, upon the case being brought to their its attention by the written statement of the Bishop, to institute an inquiry into the matter. If in the judgment of the Standing Committee Diocesan Review Committee there is sufficient reason for further proceedings, it shall be the duty of the Standing Committee Diocesan Review Committee to Present the offending Priest or Deacon for Trial for violation of Ordination vows and these Canons.

Canon IV.11.2 is amended to read:

Sec. 2. If a Priest or Deacon has substantially and materially abandoned the work of the ministry of this Church and the exercise of the office to which ordained without having given reasons satisfactory to the Bishop of the Diocese wherein the Priest or Deacon is canonically resident, or without renouncing the ministry as provided in Canon III.18 or without seeking to be released from the obligations of the office pursuant to Canon III.14.4(c), it shall be the duty of the Standing Committee Diocesan Review Committee of the Diocese, upon the case being brought to their its attention by the written statement of the Bishop, to institute an inquiry into the matter. If in the judgment of the Standing Committee Diocesan Review Committee there is sufficient reason for further proceedings, it shall be the duty of the Standing Committee Diocesan Review Committee to Present the offending Priest or Deacon for Trial for violation of Ordination vows and these Canons.

Canon IV.11.3(a) is amended to read:

(a) Whenever a Priest or Deacon of this Church shall have been absent from the Diocese for a period of more than two years and has failed to make the annual report required by Canon I.6.1, the Bishop shall bring the case to the attention of the Standing Committee Diocesan Review Committee by written statement, whereupon the Standing Committee Diocesan Review Committee may institute an inquiry into the matter. If in the judgment of the Standing Committee Diocesan Review Committee there is sufficient reason for further proceedings, the Standing Committee Diocesan Review Committee shall present the offending Priest or Deacon for Trial for violation of Ordination vows and these Canons.

Canon IV.14.4 is amended by deleting the words, "Standing Committee" and inserting in place thereof the words, "Diocesan Review Committee" so that it read, in pertinent part, as follows:

Sec. 4. Limitations of Actions.

(a)(1) No Presentment shall be made for any Offense that constitutes Crime, Immorality, immorality, or Conduct Unbecoming a Member of the Clergy, unless the Offense was committed within, or continued up to, ten years immediately preceding the time of receipt of a Charge by the Standing Committee Diocesan Review Committee or the Presiding Bishop except:

Canon IV.14.4(a)(1)(iv) if the Offense is not discovered or its effects realized during the ten years immediately following the date of the Offense, the time within which the Charge shall be received by the Standing Committee Diocesan Review Committee shall be extended to two years after the disability ceases or the alleged Victim discovers or realizes the effects of the occurrence of the Offense; Provided, however, in the case of clauses (iii) or (iv) above, the time within which the Charge shall be received by the Standing Committee Diocesan Review Committee shall not be extended beyond fifteen years from the date the Offense was committed or continued.

Canon IV.14.4(b) No Presentment shall issue for any Offense specified in Canon IV.1.1(c), (d), (e), (f), (g), (h) and (i) unless the Offense was committed within, or continued up to, two years immediately preceding the time the Charge is filed with the Standing Committee Diocesan Review Committee.

(c), (d) [unchanged]

Canon IV.14.5 is amended to read:

Sec. 5. Materiality. In order for the Offenses specified in Canon IV.1.1(d), (e), (f) and (g) to be considered for Presentment, the Offense complained of must be intentional, material and meaningful as determined by the Standing Committee Diocesan Review Committee or Review Committee.

Canon IV.14.7 is amended to read:

Sec. 7. Quorum. In all cases in this Title where a Canon directs a duty to be performed or a power to be exercised, by a Standing Committee, Diocesan Review Committee, by the Review Committee, by a Trial Court, or by any other body consisting of several members, a majority of the members, the whole having been duly cited to meet, shall be a quorum; and a majority of the members present when a quorum exists shall be competent to act, unless otherwise expressly required by Canon.

Canon IV.14.9 is amended to read:

Sec. 9. Influencing proceedings. No person subject to the authority of this Church may attempt to coerce or by any other means improperly influence, directly or indirectly, the actions of a Standing Committee, Diocesan Review Committee, the Review Committee, an Ecclesiastical Trial Court, any other Court provided for in these Canons, or any member thereof, or any person involved in such proceedings in reaching the issuance of any Presentment or the findings, Judgment or Sentence of any Trial Court or any review thereof. The foregoing provisions shall not apply with respect to (i) statements and instructions given by the Church Attorney, the Respondent, or counsel for a Respondent to the Standing Committee Diocesan Review Committee prior to Presentment or to the Ecclesiastical Trial Court, or by Lay Assessors of any Court, (ii) sworn testimony or instruments submitted by witnesses or experts during the course of any disciplinary proceedings, or (iii) statements given by Complainants, alleged Victims or their Advocates as provided for in this Title.

Canon IV.14.13 is amended to read:

Sec. 13. Relationship to parties. Any member of any Standing Committee Diocesan Review Committee, Review Committee or any Court provided for in this Title (i) who is related to the Respondent by blood or marriage, (ii) who has knowledge of essential facts involved in the matter, (iii) who has a close personal or professional relationship with the Respondent, any alleged Victim, or any witness in the matter, or (iv) who reasonably believes himself or herself unable to render a fair and independent judgment, shall be disqualified and excused from service in connection with the matter.

Canon IV.14.16 is amended to read:

Sec. 16. Burden of Proof. The burden of proof to establish an Offense by a Respondent is upon the Church in the Case of Bishops and the Standing Committee Diocesan Review Committee in the Case of Priests or Deacons.

Canon IV. 14.17 is amended to read:

Sec. 17. Duty to Appear, Respond and Give Testimony. Except as otherwise provided in this Title, it shall be the duty of all Members of this Church to appear and testify or respond when duly served with a Notice or Citation by a Standing Committee, Diocesan Review Committee, Review Committee, or Ecclesiastical Trial Court in any matter arising under this Title.

Canon IV.14.20 is amended by deleting the words, "Standing Committee" and inserting in place thereof the words "Diocesan Review Committee", so that it read, in pertinent part, as follows:

Sec. 20. Service of Notices and Citations.

(a) A Notice or Citation permitted by any law of the Church to any Member to appear, at a certain time and place for the investigation of a Charge before a Standing Committee Diocesan Review Committee or Review Committee, for deposition in an Ecclesiastical Trial Court, or for a Trial of an Offense, shall be deemed to be duly served if a copy thereof be delivered to the person to be served, be left at the person's usual place of abode within the United States as to Members of the Clergy Canonically resident in the United States and non-Clergy Members resident in the United States, or as to Members of the Clergy Canonically resident or non-Clergy Members resident in countries or territories other than the United States at the place of abode within the country or territory of Canonical residence or residence, as the case may be, with a person of suitable age and discretion, or be mailed by certified mail return receipt requested to the person's usual place of abode within the United States or by similar mail service if mailed in a country other than the United States, at least sixty days before the day of appearance named therein, and in case the Member of the Clergy or non-Clergy Member has departed from the United States or other country or territory of Canonical residence or residence, as the case may be, and has not been duly served, if a copy of the Citation be published once a week for four successive weeks in such newspaper printed in the jurisdiction in which the Member of the Clergy or non-Clergy Member is cited to appear as the Standing Committee, Diocesan Review Committee, Review Committee or Ecclesiastical Court shall designate, the last publication to be three months before the day of appearance. Acceptance of service will render unnecessary any further process of Citation.

(c) A notice or Citation to appear may be issued by a Standing Committee Diocesan Review Committee, Review Committee or Ecclesiastical Court.

Canon IV.14.22 is amended to read:

Sec. 22. Alternate Ecclesiastical Trial Court. In the event that a Diocese cannot convene an Ecclesiastical Trial Court due to vacancies, declinations to act, absences, resignations, challenges or otherwise or due to the determination by the Standing Committee Diocesan Review Committee for good cause shown that change in venue is needed, the Ecclesiastical Authority shall arrange for the Trial to be held by an Ecclesiastical Trial Court of another Diocese of that Province reasonably convenient for the parties. The reasonable expenses of the alternate Ecclesiastical Trial Court shall be the responsibility of the Diocese from which the Presentment has issued. If the person against whom the Charge or Complaint is made is a Member of the Diocesan Review Committee or if the Diocesan Review Committee is not able to consider a Charge or a Complaint, the Ecclesiastical Authority shall arrange to have the Charge or Complaint reviewed by the Diocesan Review Committee of another Diocese of that Province reasonably convenient to both parties.

The definitions of Church Attorney, Citation, Limitation of Actions and Presentment in Canon IV. 15 are amended to read as follows:

Church Attorney shall mean (i) as to proceedings concerning Priests and Deacons, a duly licensed attorney, appointed to investigate matters of ecclesiastical discipline on behalf of the Standing Committee Diocesan Review Committee, to represent the Church in the prosecution of Presentments against Priests and Deacons and to represent the Church in an appeal to the Court of Review of a Trial of a Priest or Deacon; (ii) as to proceedings concerning Bishops, a duly licensed attorney, appointed to investigate matters of ecclesiastical discipline on behalf of the Review Committee, to represent the Church in the prosecution of Presentments against Bishops and to represent the Church in an appeal to the Court of Review of a Trial of a Bishop pursuant to Canon IV.5.9, and appointed by the Presenters pursuant to Canon IV.5.13. The Church attorney's client shall be the Diocesan Review Committee or the Review Committee, as the case may be. The Church Attorney need not reside in or be a member of the Diocese proceeding under this Title.

Citation shall mean a written direction from a Standing Committee Diocesan Review Committee, Review Committee or Ecclesiastical Court to a member of this Church or person subject to the jurisdiction of this Church to appear and respond to a Standing Committee Diocesan Review Committee or Review Committee or give testimony before an Ecclesiastical Court.

Limitations of Actions shall mean the time within which a Charge must be filed with a Standing Committee Diocesan Review Committee in a matter concerning a Priest or Deacon or filed with the Presiding Bishop in a matter concerning a Bishop as provided for in Canon IV.14.4.

Presentment shall mean the writing under Canon IV.3.21(c) or of a Standing Committee Diocesan Review Committee or Review Committee to an Ecclesiastical Trial Court that there are reasonable grounds to believe (i) an Offense has been committed which is triable, and (ii) the person named therein has committed it.