New Jersey Ecclesiastical Court Finds Rector Guilty
Episcopal News Service. November 8, 1989 [89224]
Les Smith, Communications Officer of the Diocese of Newark
NEWARK, Oct. 30 -- The five-member Ecclesiastical Court of the Diocese of Newark unanimously has declared the Rev. George Gaines Swanson, rector of the Church of the Ascension, Jersey City, guilty as charged of "conduct unbecoming a member of the clergy," and has recommended a sentence of suspension from all clerical duties for two years.
The Rt. Rev. John S. Spong, bishop of Newark, will wait at least 30 days to pronounce the sentence, as required by canon law. Swanson may appeal the verdict to a regional church court, in which case the sentencing would be postponed until the outcome of that process.
Meanwhile, the Jersey City rector remains under inhibition, due to his presentment before the Ecclesiastical Court, and may not lead worship or perform other priestly duties.
The eight days of testimony before the court, which began October 17, demonstrated to the judges that Swanson had made misstatements in swearing under oath in a civil suit against Bishop Spong, Westwood attorney Michael Rehill, diocesan vice-chancellor, and the diocese. Swanson claimed in a deposition that they had "engaged in a scheme to raid, take, convert, and acquire the corporate assets" of Ascension parish.
The court's nine-page decision stated that Swanson's actions were "irresponsible," "injurious," and "malicious."
Remarking on the tribunal's decision, Bishop Spong said, "I am pleased that the Ecclesiastical Court has affirmed the integrity of the diocesan process and canons, and done justice for Michael Rehill, a dedicated Christian lay leader who has suffered unnecessarily because of the malicious statements of Father Swanson. The diocese and I remain committed to working for a healthy Episcopal ministry in the Heights of Jersey City, and for the rebuilding of the Church of the Ascension."
Bishop Spong also indicated his approval of the way in which a painful church dispute was resolved openly and with full access to the public and the press. He has long held that the Episcopal Church has a unique obligation and ability to carry on its theological and ethical decision making in a candid manner.
Swanson's three-year-long conflict with the diocese began after Ascension burned to the ground on May 27, 1986, in a fire that has been attributed to lightning or faulty wiring. While the diocese pledged immediately to support the rebuilding of the church, the Ascension vestry and rector refused to join the diocese in depositing the fire insurance proceeds of $575,115 in an interest-bearing account under joint control. Ascension insisted that it have sole control. Judge Harry A. Margolis of the Chancery Division of the Superior Court of New Jersey ruled otherwise, in February 1989, so the insurance money is now held by the trustees of the diocese.
In the course of contesting the disposition of the insurance proceeds, Swanson and the vestry entered suit against the diocese. As part of the proceeding, Swanson made sworn statements that the Ecclesiastical Court has judged to be untrue. In making the false claim of scheming, Swanson also attested wrongly that the bishop, Rehill, and the diocese had attempted fraud in seeking the assets of Ascension for "their own uses and purposes."
It was this false swearing that led the Standing Committee of the diocese to prepare a presentment against Swanson for "conduct unbecoming a clergy person," which was the basis for the prosecution in the eight-day trial that was conducted at the Cathedral House. The Honorable Richard McGlynn of Stryker, Tams and Dill, Newark, was the successful church advocate, or prosecuting attorney, in this first ecclesiastical trial in the 113-year history of the diocese.
With the trial over, the diocese plans to continue to relate to Ascension Church in the manner proscribed by national and diocesan canons, including diocesan Canon 9, which was upheld by Judge Margolis. Guided by that canon, the diocese reclassified Ascension from parish to aided parish status on March 8, 1989, determining that Ascension was no longer viable as an independent parish. Should Ascension church not reverse its decline, the next steps would include reclassifying it as a mission, which is, in effect, a wholly owned subsidiary of the diocese.
On recent Sundays, Ascension has had from five to twelve communicants present at worship.