Province II Court of Review Reverses Conviction of Newark Priest
Episcopal News Service. October 31, 1990 [90272]
NEW YORK, October 22 -- In a unanimous decision released here today, the Court of Review of the Episcopal Church's Province I reversed the conviction of a priest of the Diocese of Newark for "conduct unbecoming a member of the clergy."
An ecclesiastical court of the Diocese of Newark found the Rev. George G. Swanson guilty on October 30, 1989 of "knowingly and maliciously making false allegations in a civil action against his bishop," the Rt. Rev. John S. Spong.
The controversy originated in a battle for insurance assets of the Church of the Ascension in Jersey City, New Jersey, which was destroyed by fire in May 1986. A squabble between the rector and diocesan officials over a diocesan canon concerning the control of parish assets escalated into charges in the Superior Court of New Jersey in June 1988.
The Diocese of Newark subsequently filed formal charges, called a "presentment," on February 15, 1989, in an ecclesiastical court charging that Swanson had "knowingly made false accusations under oath" in the Superior Court case against the diocese, the bishop, and a member of the diocesan Standing Committee. Swanson appealed the diocesan court conviction on those charges to the Court of Review of Province II.
During a hearing of the appeal before the Court of Review on September 6, 1990, Swanson's attorney repeated his allegation that the bishop and the diocesan officials "schemed" to get control of Ascension Church. As evidence of the truth of Swanson's allegations, the lawyer contended that a recent diocesan canon was aimed at gaining control of moribund parishes and their assets -- specifically at Ascension Church.
An attorney for the diocese said Swanson was lying when he charged diocesan officials were scheming to gain control of Ascension's assets, insisting that Swanson "in his heart of hearts" didn't believe the allegations were true.
In releasing its decision today -- the first ruling by a Court of Review in the history of the Province -- the court said the behavior of both parties in the controversy "merits sharp criticism." It pointed out that the case involved "personal invective" and that the parties rebuffed attempts to mediate the dispute. It called such action "inexcusable."
It scolded, "The mission of the church has not been served or advanced, and little respect has been shown for responsible stewardship of the financial and spiritual resources of either the diocese or the parish."
The Court of Review said it proceeded "with heavy hearts to dispose of the issues posed on this appeal."
The court took pains to point out the limited scope of its review. "We have been dealing with a very specific and narrow question-What are the canons asking us to do?" said Bishop William Burrill of Rochester (New York), president of the Court of Review.
"We did not 'retry' this case; we dealt only with the transcript of the trial that convicted Swanson," Burrill said. "Our court didn't deal with the merits of the underlying dispute -- only with the presentment against Swanson."
The Court of Review held that evidence against Swanson was legally insufficient to meet the strict standard of "proof beyond a reasonable doubt," the standard applicable in ecclesiastical trials. The court also held that the institution of a civil action by a priest against the bishop by itself provided no grounds for ecclesiastical discipline.
"We find nothing in the ordination vows to support a conclusion that, by becoming a priest and accepting the commitment and responsibilities of that office, the ordinand thereby surrenders his or her civil rights, including the right to seek legal redress in the secular courts," the court said in its opinion.
The trial court also erred in admitting hearsay evidence, according to the Court of Review. Its handling of the rules of evidence was deficient enough to require a new trial "had we not dismissed the charges."
"Careful attention must be paid to strict compliance with canonical prescriptions relating to the filing of presentments against the clergy," the Court of Review stated.
Archdeacon Leslie Smith, director of communication for the Diocese of Newark, said, "We will abide by all of the decisions of ecclesiastical and civil courts." Smith said that Bishop Spong had "repeated his frequent commitment to the rebuilding of the church in Jersey City."
In a press account, Swanson said that he was "very pleased with the results" and was "looking forward to meeting personally with Bishop Spong to begin the process of healing."
(The Episcopal Church is divided into nine geographical provinces. Province II includes the dioceses of New York, Central New York, Western New York, Long Island, Albany, Rochester, Newark, New Jersey, the Virgin Islands, Haiti, and the Convocation of American Churches in Europe.)
Members of the Province II Court of Review participating in the decision were the Rt. Rev. William Burrill (president), Diocese of Rochester; Hugh Jones, Diocese of Central New York; Charles G. Blaine, Diocese of Western New York; the Rev. Richard Frye, Diocese of Albany; Kenneth Miller, Diocese of Long Island; and the Rev. Virginia Sheay, Diocese of New Jersey.