The Acts of Convention

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.