Resolution Number: 1994-A019
Title: Amend Canon IV [Ecclesiastical Discipline]
Legislative Action Taken: Concurred As Amended
Final Text:

Resolved, That the whole of Title IV, The Canons, be amended to read:

TITLE IV

ECCLESIASTICAL DISCIPLINE

CANON 1.

Of Offenses for Which Bishops, Priests, or Deacons May Be Presented and Tried, and Of Inhibitions

Sec. 1. A Bishop, Priest, or Deacon of this Church shall be liable to Presentment and Trial for the following Offenses, viz.:

(a). Crime.

(b). Immorality.

(c). Holding and teaching publicly or privately, and advisedly, any doctrine contrary to that held by this Church.

(d). Violation of the Rubrics of the Book of Common Prayer.

(e). Violation of the Constitution or Canons of the General Convention.

(f). Violation of the Constitution or Canons of the Diocese in which the person is canonically resident.

(g). Violation of the Constitution or Canons of a Diocese of this Church wherein the person may have been located temporarily.

(h). Any act which involves a violation of Ordination vows.

(1). If a Charge against a Priest or Deacon alleges an act or acts which involve a violation of ordination vows and specifies as the act that the Priest or Deacon has disobeyed or disregarded a Pastoral Direction of the Bishop having authority over such person, the Charge must be made by the Bishop giving the Pastoral Direction or by the Ecclesiastical Authority of that diocese or by another bishop if the Bishop who issued the Pastoral Direction has resigned, retired, died or is unable to act and shall set out the Pastoral Direction alleged to have been disregarded or disobeyed and wherein the disregard or failure to obey constitutes a violation of ordination vows. Unless the Charge by the Bishop and the Presentment by the Standing Committee comply with the foregoing provisions, no finding of a violation based on an act of disregarding a Pastoral Direction of or failing to obey the Bishop having authority over the person charged may be made. (2). In order for the disregard or disobedience of a Pastoral Direction to constitute a violation of ordination vows the Pastoral Direction must have been a solemn warning to the Priest or Deacon; it must have been in writing and set forth clearly the reasons for the Pastoral Direction; it must have been given in the capacity of the pastor, teacher and canonical overseer of the Priest or Deacon; it must have been neither capricious nor arbitrary in nature nor in any way contrary to the Constitution and Canons of the Church, both national and diocesan; and it must have been directed to some matter which concerns the Doctrine, Discipline or Worship of this Church or the manner of life and behavior of the Priest or Deacon concerned. Upon Trial under any such Presentment the question of whether the disregard or disobedience of the Pastoral Direction specified constitutes a violation of ordination vows is a matter of ultimate fact upon which testimony may be offered. (i). Habitual neglect of the exercise of the Ministerial Office, without cause; or habitual neglect of Public Worship, and of the Holy Communion, according to the order and use of this Church.

(j). Conduct Unbecoming a Member of the Clergy; Provided, however, that in the case of a Priest or Deacon charged with this offense, before proceeding to a Presentment, the consent of two-thirds of all the members of the Standing Committee of the Diocese eligible to vote in which the Priest or Deacon is canonically resident shall be required. If the provisions of Canon IV.7.1 apply, the consent of two-thirds of all the members of the Standing Committee of the Diocese eligible to vote in which the Offense is alleged to have occurred must be obtained.

Sec. 2 (a). If a Priest or Deacon is charged with an Offense or Offenses or serious acts are complained of to the Bishop that would constitute the grounds for a Charge of an Offense, and, in the opinion of the Bishop, the Charge or complaint of serious acts is supported by sufficient facts, the Bishop may authorize a Temporary Inhibition and the Bishop shall pronounce it.

(b). Any Temporary Inhibition shall: (I) be in writing, (ii) set forth the reasons for its issuance, (iii) be specific in its terms, (iv) define the Offense or Offenses charged or serious acts complained of, (v) describe in reasonable detail the act or acts inhibited, (vi) be promptly served upon the Priest or Deacon to be inhibited, and (vii) become effective upon being served upon the Priest or Deacon to be inhibited.

(c). A Temporary Inhibition may be issued without prior written or oral notice to the Priest or Deacon.

(d). Any Priest or Deacon against whom a Temporary Inhibition has been issued may request a hearing concerning the Temporary Inhibition before the Standing 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 by a two-thirds vote may dissolve, modify or continue the Temporary Inhibition. The Church Attorney shall be given notice of such hearing and shall be permitted to attend and be heard.

(e). At any time, a Bishop may dissolve or reduce the terms of a Temporary Inhibition or, with the advice and consent of a majority of a quorum of the Standing Committee, enlarge the Temporary Inhibition.

(f). A Temporary Inhibition shall continue in force and effect until (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 to make a Presentment on the Charges alleged, (iv) a determination by the Bishop that there is no longer a need for the Temporary Inhibition, (v) a Sentence is imposed following a voluntary submission to discipline under Canon IV.2., or (vi) a period of ninety days measured from the date of the Temporary Inhibition; Provided, however, the ninety-day period may be extended by the Bishop upon the advice and consent of a majority of all the members of the Standing Committee for additional ninety-day periods upon good cause.

(g). In the event that the Temporary Inhibition is dissolved, reduced, or otherwise expires, the Ecclesiastical Authority shall so notify all persons to whom notice of the Temporary Inhibition was given.

Sec. 3. If a Presentment has been made by the Standing Committee against a Priest or Deacon, or if a Priest or Deacon has been convicted in a criminal Court of Record in a cause involving Immorality, 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 judgment of the Ecclesiastical Trial Court becomes final.

Sec. 4. No Bishop shall issue an Inhibition or Temporary Inhibition except as expressly permitted by this Title.

CANON 2.

Of Voluntary Submission to Discipline

Sec. 1. If allegations of the commission of an Offense have been made to the Ecclesiastical Authority, or if Charges of an Offense have been filed, or if a Presentment has been issued against a Member of the Clergy, the Member of the Clergy may, with the Consent of the Ecclesiastical Authority, voluntarily submit to the discipline of the Church at any time before Judgment by an Ecclesiastical Trial Court, and waive all rights to formal Charges, Presentment, Trial and further opportunity to offer matters in excuse or mitigation, as applicable, and accept a Sentence imposed and pronounced by the Bishop.

Sec. 2. The Waiver and Voluntary Submission shall be evidenced by a written instrument, which shall contain: (I) the name of the Member of the Clergy, (ii) a reference to the Canon specifying the Offense, (iii) general information sufficient to identify the Offense, and (iv) a statement that the Member of the Clergy is aware of the Sentence to be imposed and the effect thereof, and shall be signed and Acknowledged by the Member of the Clergy, after opportunity to consult with and obtain advice from independent legal counsel of the Member of the Clergy's choosing. If the Member of the Clergy has so consulted with legal counsel, that counsel shall also be identified in the Waiver and Voluntary Submission. Legal counsel shall not be a Chancellor, a Vice Chancellor, the Church Attorney or a Lay Assessor. The Waiver and Voluntary Submission shall be effective three days from the date of execution. The Church Attorney, each Complainant and Victim shall be given an opportunity to be heard prior to the passing of Sentence.

Sec. 3. If there be no Bishop of the Diocese and if the Ecclesiastical Authority be not a bishop, the Ecclesiastical Authority shall designate a Bishop of a Diocese of the Province to accept the Waiver and Voluntary Submission to discipline and to impose and pronounce the Sentence.

Sec. 4. Except as otherwise provided in this Canon, the Sentence so imposed and pronounced shall be as if it were imposed and pronounced after Judgment by an Ecclesiastical Trial Court and as if all time provided for all required notices and the right of the Member of the Clergy to offer matters of excuse and mitigation had been given and expired.

Sec. 5. No Member of the Clergy shall have the right to appeal the Sentence imposed and pronounced under this Canon to a Court of Review for the Trial of a Priest or Deacon, and the Sentence shall be final for all purposes.

Sec. 6. Where a Sentence is to be adjudged and pronounced, as a condition of the acceptance of the Waiver and Voluntary Submission to discipline, the Ecclesiastical Authority may require the resignation of the Member of the Clergy from ecclesiastical and related secular offices, and in the case of a Sentence of Deposition from a Rectorship, held by that Member of the Clergy, upon such terms and conditions as the Ecclesiastical Authority may deem to be just and proper.

Sec. 7. Prior to Presentment, a Priest or Deacon may voluntarily submit to discipline to the Bishop of the Diocese in which that person is canonically resident or the Bishop of the Diocese wherein the commission of the Offense was alleged to have occurred. Subsequent to Presentment, the Priest or Deacon shall voluntarily submit to discipline in the Diocese wherein the Presentment has issued.

Sec. 8. In the event that a Sentence is imposed and pronounced by a bishop other than the Bishop of the Diocese wherein the Member of the Clergy is canonically resident, the Bishop pronouncing Sentence shall immediately so advise the Ecclesiastical Authority of the Diocese.

Sec. 9. A bishop of this Church may voluntarily submit to discipline under the provisions of this Canon, doing so to the Presiding Bishop, or if there then be none to the then Presiding Officer of the House of Bishops, who shall impose and pronounce Sentence. To the extent applicable, the procedural provisions of this Canon shall apply to Bishops.

CANON 3.

Of Presentments

(a). Of a Priest or Deacon

Sec. 1. A Presentment to the Ecclesiastical Trial Court may be issued only by the Standing Committee as provided in this Canon.

Sec. 2. A Charge against a Priest or Deacon shall be in writing, Verified and addressed to the Standing 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 and the specifications of each Offense.

Sec. 3. A Charge may be made:

(a). by a majority of the lay Members of the Vestry of the Parish of the Respondent;

(b). by any three Priests canonically resident in the Diocese wherein the Respondent is canonically resident or canonically resident in the Diocese wherein the Respondent is alleged to have committed the Offense;

(c). by any three confirmed adult communicants in good standing in the Diocese wherein the Respondent is canonically resident or in the Diocese wherein the Respondent is alleged to have committed the Offense;

(d). in a case where the alleged Offense is the violation of Ordination vows involving the disregard or disobedience of a Pastoral Direction issued by a Bishop, only by that Bishop or the Ecclesiastical Authority of that Diocese, or by another Bishop if the Bishop who issued the Pastoral Direction has resigned, retired, or died or is unable to act;

(e). in a case where the Offense alleged is a Charge specifying the Offenses of Crime, Immorality or Conduct Unbecoming a Member of the Clergy, by any adult who is (I) the alleged Victim, or (ii) a parent or guardian of an alleged minor Victim or of an alleged Victim who is under a disability or (iii) the spouse or adult child of an alleged Victim;

(f). in a case where the Offense alleged is that of holding and teaching publicly or privately any doctrine contrary to that held by this Church, only by a majority of the members of the Standing Committee of the Diocese in which the Member of the Clergy is canonically resident or of the Diocese wherein the Respondent is alleged to have committed the Offense;

(g). by a majority of the Standing Committee of the Diocese in which the Member of the Clergy is canonically resident or of the Diocese wherein the Respondent is alleged to have committed the Offense whenever the Standing Committee shall have good and sufficient reason to believe that any Priest or Deacon has committed the Offense; or

(h). by the Ecclesiastical Authority of the Diocese in which the Respondent is alleged to have committed the Offense, if different from the diocese of canonical residence.

Sec. 4. If a complaint or accusation is brought to the Bishop by a person claiming to be the alleged Victim, or the spouse of an alleged Victim, or by the parent or guardian of an alleged Victim who is a minor or is under a disability, of an Offense of Crime, Immorality or Conduct Unbecoming a Member of the Clergy, the Bishop, after consultation with the alleged Victim, the alleged Victim's spouse, or the alleged Victim's parent or guardian, may appoint an Advocate to assist those persons in understanding and participating in the disciplinary processes of this Church, to obtain assistance to formulate and submit an appropriate Charge and in obtaining assistance in spiritual matters, if the alleged Victim, spouse, parent or guardian so choose. Any Victim or Complainant shall also be entitled to the counsel of an attorney and/or Advocate of their Choice.

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, the Bishop shall concisely and clearly inform the Standing Committee in writing as to the nature and facts surrounding each alleged Offense and the specifications of each Offense but without judgment or comment upon the allegations or guilt, and the Standing Committee shall proceed as if a Charge had been filed.

Sec. 6. Any Priest or Deacon canonically resident in the Diocese who deems himself or herself to be under imputation, by rumor or otherwise, of any Offense or misconduct for which he or she could be tried in an Ecclesiastical Court, may on his or her own behalf complain to and request of the Bishop that an inquiry with regard to such imputation be instituted. Upon receipt of such request by a Member of the Clergy, it shall be the duty of the Bishop to cause the matter to be investigated.

Sec. 7. Except as expressly provided in this Canon, no Bishop of the Diocese shall prefer a Charge against a Priest or Deacon canonically resident in that Diocese.

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

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

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, it shall be the duty of the Standing Committee of the Diocese in which the Priest or Deacon is canonically resident, to institute an inquiry into the matter. If the conviction or judgment be established, the Standing Committee shall issue a Presentment against the Priest or Deacon for Trial.

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 shall convene to consider the Charge. If after such consideration the Standing Committee determines that an Offense may have occurred if the facts alleged be true, the Standing 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.

Sec. 12. The Church Attorney shall promptly make such investigation of the matter as the Church Attorney deems appropriate under the circumstances.

Sec. 13. Within sixty days after receipt of the statement from the Standing Committee, unless delayed for good and sufficient cause stated, the Church Attorney shall render a confidential Report to the Standing 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. Provided, however , the Standing Committee shall share the Report of the Church Attorney with the Bishop of the Diocese.

Sec. 14(a). Within thirty days after the receipt of the Report of the Church Attorney, the Standing Committee shall convene to consider the Report and whether or not a Presentment shall issue.

(b). In its deliberations, the Standing Committee may consider the Church Attorney's Report, responsible writings or sworn statements pertaining to the matter, including expert's statement, whether or not submitted by the Church Attorney.

(c). The Standing Committee shall 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.

Sec. 15(a). The vote of two-thirds of the members of the Standing Committee shall be required to issue a Presentment. Provided, however, that in the case of a Priest or Deacon charged with the Offense of Crime, of Immorality or of Conduct Unbecoming a Member of the Clergy, a two-thirds vote of all the members of the Standing Committee shall be required to issue a Presentment for this Offense. No member shall disclose his or her vote or the vote of any member.

(b). In the event that, due to members who have been excused or vacancies in office, the Standing Committee does not have sufficient voting members to meet the requirements of Sec.(a), the action of the Standing Committee shall be postponed until such time as there are sufficient members in office to fulfill the voting requirements of this Section.

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 on behalf of the Standing 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 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 in each separate accusation which, without specific allegations of an evidentiary nature, asserts facts supporting every element of the Offense charged and the Respondent's commission thereof with sufficient precision to clearly apprise the Respondent of the conduct which is the subject of the Presentment.

Sec. 17. Promptly after the issuance of a Presentment, the Standing 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.

Sec. 18. If the Standing 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 Victim.

Sec. 19. Prior to the issuance of a Presentment or a determination not to issue a Presentment, as the case may be, the matter shall be confidential, except as may be determined to be pastorally appropriate by the Ecclesiastical Authority.

Sec. 20. Upon the issuance of a Presentment or the determination that a Presentment will not issue, all further proceedings of the Standing Committee in the matter shall cease and terminate.

Sec. 21. Non-compliance with time limits set forth in this Canon shall not be grounds for the dismissal of a Presentment unless such non-compliance shall cause material and substantial injustice to be done or seriously prejudice the rights of a Respondent as determined by the Trial Court on motion and hearing.

(b). Of a Bishop

Sec. 22. A bishop may be charged under Canon IV.1.1(c), for holding and teaching publicly or privately, and advisedly, any doctrine contrary to that held by this Church, only upon a written Charge signed by any ten bishops exercising jurisdiction in this Church. The Charge shall be filed with the Presiding Bishop, together with a brief in support thereof. The Presiding Bishop shall thereupon serve a copy of the Charge upon the bishop charged, together with a copy of the supporting brief. The Presiding Bishop shall fix a date for the filing of an answer, and brief in support thereof, within three months from the date of service, and may, using discretion and for good cause, extend the time for answering for not more than two additional months. Upon the filing of an answer and supporting brief, if any, or upon the expiration of the time fixed for an answer, if none be filed, the Presiding Bishop shall forthwith transmit copies of the Charge, answer, and briefs to each member of the House of Bishops. The written consent of one-fourth of the bishops qualified to vote in the House of Bishops shall be required before the proceeding may continue. In case one-fourth of all the bishops entitled so to act do not consent within two months from the date of the notification to them by the Presiding Bishop, the Presiding Bishop shall declare the Charge dismissed and no further proceedings may be had thereon.

Sec. 23. In the case of a bishop 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, it shall be the duty of the Presiding Bishop to institute an inquiry into the matter. If the conviction or judgment be established, the Presiding Bishop shall cause the Chancellor to the Presiding Bishop to prepare a Presentment, which the Presiding Bishop shall sign and issue against the bishop for Trial.

Sec. 24(a). A bishop may be charged with any one or more of the Offenses specified in Canon IV.1, other than that of holding and teaching doctrine contrary to that held by this Church, and in the case of a bishop 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, by three bishops or ten or more confirmed adult communicants of this Church in good standing, of whom at least two shall be Priests. One Priest and not less than six Lay Persons shall be of the Diocese of which the Respondent is canonically resident, or, in case the Respondent has no jurisdiction, of the Diocese in which the Respondent is canonically resident. Such Charges shall be in writing, signed by all the Complainants, Verified by two or more of them, and filed with the Presiding Bishop of the Church. The Charge shall concisely and clearly inform as to the nature of and facts surrounding each alleged offense and the specifications of the Offense.

(b). A bishop who shall have reason to believe that there are in circulation rumors, reports, or allegations affecting such bishop's personal or official character, may, acting in conformity with the written advice and consent of any two bishops of this Church, demand in writing of the Presiding Bishop that investigation of said rumors, reports, and allegations be made.

Sec. 25. The Presiding Bishop, upon the receipt of a written Charge or the consent of one-fourth of the bishops, as the case may be, shall summon not less than five nor more than seven bishops to review and consider the Charge. If a majority of them determine that the Charge, if proved, would constitute no Offense, they shall so advise the Presiding Bishop and the Charge shall be dismissed by the Presiding Bishop, who shall thereupon notify the Respondent and the Complainants and, unless waived in writing, the Victim. If a majority of them determine that the Charge, if proved, would constitute an Offense, they shall select a Board of Inquiry of five Priests and five lay confirmed adult communicants in good standing of this Church, none of whom shall belong to the Diocese of the Respondent's canonical residence, of whom eight shall form a quorum.

Sec. 26. The Board of Inquiry shall elect from its own membership a Presiding Officer, who shall hold office until the Board of Inquiry shall complete its duties.

Sec. 27. The death, disability rendering the person unable to act, resignation or declination to serve as a member of a Board of Inquiry shall constitute a vacancy on the Board.

Sec. 28. Notice of resignations or declinations to serve shall be given by members of the Board in writing to the Presiding Officer.

Sec. 29. If any Priest appointed to a Board of Inquiry is elected a bishop, or if any lay person elected to a Board of Inquiry is ordained to the ministry prior to the commencement of an Inquiry, that person shall immediately cease to be a member of the Board. If either event occurs following the commencement of an Inquiry, the person shall continue to serve until the completion of the Inquiry and the rendering of a judgment thereon.

Sec. 30. A vacancy occurring in a Board of Inquiry shall be filled by the Bishop who made that appointment.

Sec. 31. The Church Attorney for the proceedings before the Board of Inquiry shall be the Church Attorney appointed by the Court for the Trial of a Bishop pursuant to Canon IV.5 to serve at the discretion of the Board of Inquiry.

Sec. 32. The Board of Inquiry may appoint a Clerk and, if necessary, Assistant Clerks, who shall be Members of the Clergy or adult confirmed communicants of this Church, to serve during the pleasure of the Board.

Sec. 33. The Board of Inquiry may appoint not more than three Lay Assessors. Lay Assessors shall have no vote. It shall be their duty to give the Board an opinion on any question of law, procedure or evidence, but not a question of doctrine, upon which the Board or any member thereof shall desire an opinion. If a question shall arise as to whether a question is a matter of doctrine, it shall be decided by the Board by a majority vote.

Sec. 34. The members of the Board of Inquiry may not be challenged by the Respondent.

Sec. 35. The Board of Inquiry may adopt rules of procedure not inconsistent with the Constitution and Canons of this Church, with the power to alter or rescind the same from time to time.

Sec. 36. In the conduct of this inquiry, the Board of Inquiry shall be guided by The Federal Rules of Evidence.

Sec. 37. The Board of Inquiry shall appoint a Reporter who shall insure that the proceedings are recorded as prescribed by the Board of Inquiry, to serve during the pleasure of the Board. The record shall be preserved in the custody of the Presiding Bishop or in the archives of the House of Bishops.

Sec. 38. The proceedings of the Board of Inquiry shall be private.

Sec. 39. The Board of Inquiry shall permit the Respondent to be heard in person and by counsel of the Respondent's own selection, but the Board of Inquiry may regulate the number of counsel who may address the Board or examine witnesses.

Sec. 40. Within sixty days of their selection, the Board of Inquiry shall investigate the Charges. In conducting the investigation, the Board shall hear the Charges and such proof as the Complainants may produce, and shall determine whether, upon matters of law and of fact, as presented to them, there is sufficient ground to put the Respondent on Trial.

Sec. 41. When a majority of the Board of Inquiry finds evidence before it, which provides Reasonable Cause to believe that (I) an Offense was committed and (ii) the Respondent committed the Offense, by two-thirds vote it shall cause the Church Attorney to prepare a Presentment and shall issue a Presentment for an Offense, which shall be transmitted with the certificate of the determination of the Board to the Presiding Bishop.

Sec. 42. If a Presentment be issued, it shall be in writing, dated, and signed by the members of the Board who agree thereto. 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 in each separate accusation which, without specific allegations of an evidentiary nature, asserts facts supporting every element of each Offense charged and the Respondent's commission thereof with sufficient precision to clearly apprise the Respondent of the conduct which is the subject of the Presentment.

Sec. 43. If the Board of Inquiry 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 Presiding Bishop who shall file it with the Secretary of the House of Bishops, the Respondent, the Church Attorney, each Complainant, and, unless waived in writing, the Victim.

Sec. 44. Promptly after the issuance of a Presentment, the Board of Inquiry shall cause the original to be filed with the Presiding Bishop with a true copy thereof served upon the Respondent and the Complainants.

Sec. 45. When a Presentment is filed with the Presiding Bishop, the Presiding Bishop shall at once transmit the Presentment to the Presiding Judge of the Court for the Trial of a Bishop.

Sec. 46. If the Presiding Bishop is a Complainant, except in a case of a bishop 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, or if the Respondent, is otherwise disabled, the duties of the Presiding Bishop under this Canon shall be performed by the presiding officer of the House of Bishops. If the presiding officer is similarly unable to act, such duties shall be performed by the Secretary of the House of Bishops.

Sec. 47. Non-compliance with any procedural requirements set forth in this Canon shall not be grounds for the dismissal of a Presentment unless the non-compliance shall cause material and substantial injustice to be done or seriously prejudice the rights of a Respondent as determined by the Trial Court on motion and hearing.

CANON 4

Of Diocesan Courts, and Courts of Review of the Trial of a Priest or Deacon, Their Membership and Procedure

(a). Diocesan Courts for the Trial of a Priest or Deacon

Sec. 1. In each Diocese there shall be an Ecclesiastical Court for the Trial of any Priest or Deacon subject to its jurisdiction, and it shall be the duty of each Diocese to provide by Canon for the establishment of the Court and the mode of conducting Trials of the same; Provided, however, that the provisions of this Canon shall be included therein.

Sec. 2. The Canon of a Diocese establishing an Ecclesiastical Trial Court shall provide that the Court shall: (I) be elected by the Convention of the Diocese, (ii) include lay persons and Priests or Deacons, the majority of the Court to be Priests or Deacons by no more than one, (iii) annually elect from its members a Presiding Judge within two months following the Diocesan Convention, and (iv) make provision for a Church Attorney.

Sec. 3. The provisions of Canon IV.14 shall apply to each Diocesan Ecclesiastical Trial Court.

Sec. 4. The death, disability rendering a person unable to act, resignation or declination to serve as a member of an Ecclesiastical Trial Court shall constitute a vacancy on the Court.

Sec. 5. Notice of resignations or declinations to serve shall be given by members of the Court in writing to the Presiding Judge of the Court.

Sec. 6. If any Priest elected to an Ecclesiastical Trial Court is elected a bishop, or if any lay person elected to an Ecclesiastical Trial Court is ordained prior to the commencement of a Trial, that person shall immediately cease to be a member of the Ecclesiastical Trial Court. If either event occurs following the commencement of a Trial, the person shall continue to serve until the completion of the Trial and the rendering of a Verdict thereon.

Sec. 7. Vacancies, other than for cause under Section 8 of this Canon, occurring in any Ecclesiastical Trial Court shall be filled as provided by Diocesan Canon.

Sec. 8. The canons of each Diocese may provide a system of challenge as to the members of the Ecclesiastical Trial Court and the filling of vacancies arising therefrom. If the canons of a Diocese make no provisions for Challenge, the members of the Ecclesiastical Trial Court may be challenged by either the Respondent or the Church Attorney for cause stated to the Court. The Court shall determine the relevancy and validity of challenges for cause. Vacancies caused by challenges determined by the Court shall be filled by majority vote of the Court from persons otherwise qualified for election under the diocesan canons. Vacancies filled by the Court shall be from the same order as the person challenged was when first elected to the Court.

Sec. 9. An Ecclesiastical Trial Court shall be governed by the portion of The Federal Rules of Civil Procedure set forth in Appendix A to these Canons.

Sec. 10. The Ecclesiastical Trial Court shall be governed by The Federal Rules of Evidence in the conduct of the Trial.

Sec. 11. Each Ecclesiastical Trial Court shall appoint a Clerk and, if necessary, Assistant Clerks who shall be Priests or Deacons or adult confirmed communicants in good standing of this Church and who shall serve at the pleasure of the Court.

Sec. 12. Each Ecclesiastical Trial Court shall appoint a Reporter who shall provide for the recording of the proceedings and who shall serve at the pleasure of the Court.

Sec. 13. Each Ecclesiastical Trial Court shall appoint at least one but no more than three Lay Assessors. Lay Assessors shall have no vote. It shall be their duty to give the Ecclesiastical Trial Court an opinion on any question of law, procedure or evidence, but not on any question of doctrine, upon which the Court or any member thereof, or either party, shall desire an opinion. Any question of whether a question is a matter of doctrine shall be decided by the Court by a majority vote.

Sec. 14. The Ecclesiastical Trial Court shall keep a record of the proceedings in each case brought before it and the record shall be certified by the Presiding Judge of the Court. If the record cannot be authenticated by the Presiding Judge by reason of the Presiding Judge's death, disability or absence, it shall be authenticated by a member of the Court designated for that purpose by majority vote of the Court.

Sec. 15. The Ecclesiastical Trial Court shall permit the Respondent to be heard in person and by counsel of the Respondent's own selection. In every Trial the Court may regulate the number of counsel who may address the Court or examine witness.

Sec. 16. The Respondent shall then be called upon by the Court to plead to the Presentment and the plea shall be duly recorded; and on neglect or refusal of the Respondent to plead, the plea of not guilty shall be entered for the Respondent, and the Trial shall proceed; Provided , that for sufficient cause the Court may adjourn from time to time; and Provided, also, that the Respondent shall, at all times during the Trial, have liberty to be present, and in due time and order to produce testimony and to make a defense.

Sec. 17. In all Ecclesiastical Trials, the Church Attorney appointed pursuant to Section 2 of this Canon shall appear on behalf of the Standing Committee which shall then be considered the party on one side and the Respondent the party on the other. Each Complainant and Victim shall be entitled to be present throughout and observe the Trial and for each to be accompanied by a person of their own choosing and counsel of their own choosing.

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 also instruct the members of the Court as to the elements of the Offense and charge them (I) that the Respondent must be presumed to be innocent until the Respondent's guilt is established by clear and convincing evidence, and unless such standard of proof be met the Respondent must be acquitted, and (ii) that the burden of proof to establish the guilt of the Respondent is upon the Church Attorney.

Sec. 19. A separate vote shall be taken first upon the findings as to the guilt of the Respondent.

Sec. 20. Voting by members of an Ecclesiastical Trial Court on the findings shall be by ballot. No member shall disclose his or her vote or the vote of any member.

Sec. 21(a). For a Judgment on an Offense involving Crime, Immorality or Conduct Unbecoming a Member of the Clergy, the affirmative vote of two-thirds of the members of the Ecclesiastical Trial court shall be necessary.

(b). For a Judgment on any other Offense not involving Crime, Immorality or Conduct Unbecoming a Member of the Clergy, the affirmative vote of two-thirds of the members of the Ecclesiastical Trial Court shall be necessary.

Sec. 22. The Presiding Judge shall cause the Respondent, the Church Attorney, each Complainant, and unless waived in writing, the Victim to be advised of and provided with a copy of the findings of the Court.

Sec. 23. No vote shall be taken on the Sentence to be adjudged until thirty days from the date the Respondent was advised of the Judgment during which period the Respondent shall have a reasonable opportunity to offer to the Court matters in excuse or mitigation.

Sec. 24. During the same period, the Court shall provide an opportunity for statements from Complainants or Victims to the Court pertaining to the Sentence to be adjudged and imposed.

Sec. 25. During the same period, the Church Attorney may make a recommendation to the Court as to the Sentence to be adjudged. The members of the Court shall vote upon the Sentence. No member shall disclose his or her vote or the vote of any member.

Sec. 26. The concurrence of two-thirds of the members of the Ecclesiastical Trial Court shall be necessary to adjudge and impose a Sentence upon an Respondent found guilty by the Court.

Sec. 27. The Judgment or acquittal and any Sentence adjudged on a Judgment shall be communicated promptly to the Bishop of the Diocese wherein the Trial was held, the Ecclesiastical Authority, if there be no Bishop, the Standing Committee, the Ecclesiastical Authority of the Diocese in which the Respondent is canonically resident, the Respondent, each Complainant, and, unless waived in writing, the Victim.

(b). Appeals to Courts of Review of the Trial of a Priest or Deacon

Sec. 28. The Ecclesiastical Authority of the jurisdiction within which a Trial was held shall cause written notice to be served on the Respondent, the Church Attorney, each Complainant, and, unless waived in writing, the Victim of (I) the Judgment, (ii) the Sentence adjudged and (iii) the Sentence to be pronounced by the Bishop. Within thirty days after the service of that notice the Respondent may appeal to the Court of Review by serving a written notice of appeal on the Ecclesiastical Authority of that jurisdiction and a copy on the Presiding Judge of the Ecclesiastical Trial Court and the Presiding Judge of the Court of Review. The notice shall be signed by the Respondent or the Respondent's counsel and shall briefly set forth the decision from which the appeal is taken and the grounds of the appeal.

Sec. 29. After Judgment by an Ecclesiastical Trial Court, the Bishop shall not pronounce Sentence on the Respondent before the expiration of thirty days after the Respondent shall have been served as set forth in Section 28 with the notice of the decision of the Court and the Sentence adjudged, nor, in case an appeal is taken, shall Sentence be pronounced pending the hearing and final determination thereof.

Sec. 30(a). In each of the Provinces there shall be a Court of Review of the Trial of a Priest or Deacon, which shall be composed of a Bishop of the Province, three Priests canonically resident in Dioceses within the Province, and three Lay Persons who are confirmed adult communicants of this Church in good standing, having domicile in the Province; at least two of the Lay Persons shall be learned in the law.

(b). The Court of Review shall be appointed by the President of the Province from a panel established by the Province consisting of three Bishops, five Priests and five Lay Persons.

Sec. 31. Once during the period between General Conventions, each Provincial Synod shall elect the Judges of the Court of Review in the Province. The Synod shall prescribe the time and the manner in which such Judges shall be elected. The persons so elected, except in case of death, resignation, declination to serve, shall continue to be members of the Court for such terms as the Synod may set and until their successors shall be elected. The Bishop elected by the Synod shall be the Presiding Officer of the Court.

Sec. 32(a). No person shall sit as a member of any Court of Review who is excused pursuant to Canon IV.14.11; nor shall any Bishop, Priest, or Lay Member who for any reason upon objection made by either appellant or appellee is deemed by the other members of the Court to be disqualified.

(b). The death, disability rendering the person unable to act, resignation, or declination to serve as a member of a Court of Review shall constitute a vacancy in the Court of Review.

(c). Notices of resignations or declinations to serve shall be given as follows:

(1). By the Presiding Judge of the Court of Review of the Trial of a Priest or Deacon; by written notice sent to the President of the Provincial Synod.

(2). By a Priest or Lay Member of the Court, by written notice sent to the Presiding Judge of the Court.

(d). If any Priest appointed to the Court of Review is elected a Bishop, or if any Lay Member appointed to the Court of Review is ordained to the ministry prior to the hearing of the appeal, the person shall immediately cease to be a member of the Court of Review. If either event occurs following the hearing of the appeal, the person shall continue to serve until the completion of the appeal and the rendering of a decision by the Court of Review.

Sec. 33. Vacancies occurring in the Court of Review shall be filled as follows:

(a). In the case of a vacancy in the office of the Bishop appointed as a member of the Court of Review, the President of the Provincial Synod shall give written notice thereof to the Bishop with jurisdiction senior by consecration in the Province. Thereupon the Bishop so notified shall become a member of the Court until a new appointment is made. If the Bishop so appointed is unable or unwilling to serve as a member of the Court, notification shall be given by the Bishop to the President of the Provincial Synod of this fact, who shall thereupon appoint the Bishop with jurisdiction next senior by consecration in that Province.

(b). In case any vacancy shall exist in the membership of the Court of Review's Priests or Deacons or Lay Members, the remaining Judges of the Court shall appoint another person similarly domiciled or canonically resident in the Province from the same order to fill such vacancy and to sit as a Member of the Court.

Sec. 34. The several Courts of Review are vested with jurisdiction to hear and determine appeals from decisions of Ecclesiastical Trial Courts in Dioceses within that Province in Ecclesiastical Trials of Priests or Deacons.

Sec. 35. The Respondent may take an appeal to the Court of Review of the Province within which an Ecclesiastical Trial was held from a Judgment. The right of appeal is solely that of the Respondent, except as provided in Section 36 of this Canon.

Sec. 36(a). Upon the written request of at least two Bishops of other jurisdictions within the Province, the Ecclesiastical Authority of the Diocese within which a Trial was held shall appeal from a decision of the Ecclesiastical Trial Court acquitting the Respondent of an Offense involving a question of Doctrine, Faith, or Worship; Provided, however , that such appeal shall be on the question of the Church's Doctrine, Faith, or Worship only, and that the decision of the Court of Review shall not be held to reverse the acquittal of the Respondent on other Charges. An appeal by the Standing Committee can be taken only when there is a vacancy in the office of Bishop or in case the Bishop is unable to act.

(b). An appeal under this Section may be taken by the service by the appellant of a written notice of appeal upon the Respondent, and also upon the Presiding Judge of the Ecclesiastical Trial Court and the Presiding Judge of the Court of Review, within thirty days after the decision from which the appeal is taken.

Sec. 37. If the Ecclesiastical Trial was held in a Diocese not specified in Canon I.9.1, the appeal shall lie to the Court of Review of the Province which is geographically closest to that Diocese or is otherwise most appropriate as determined by the Presiding Bishop.

Sec. 38(a). An appeal shall be heard upon the Record on Appeal of the Ecclesiastical Trial Court. When an appeal has been taken, the Ecclesiastical Authority of the Diocese wherein the Ecclesiastical Trial was held shall transmit to the Presiding Judge of the Court of Review of the Province a full and correct transcript of the Record on Appeal, proceedings, and decision of the Trial Court, including all the evidence taken upon the Ecclesiastical Trial, duly certified by the Presiding Judge or Clerk of the Court, with a copy of the same to the Respondent, within thirty days after receiving notice of the appeal. Except for the purpose of correcting the Record on Appeal, if defective, no new evidence shall be taken by the Court of Review.

(b). The Respondent and the Church Attorney may agree by written stipulation filed with the Court of Review that designated parts of the proceedings shall be retained by the Ecclesiastical Trial Court unless thereafter the Court of Review shall request their transmittal. The parts thus designated shall nevertheless be a part of the Record on Appeal for all purposes.

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 the 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 of the Diocese in which the Ecclesiastical Trial was held.

Sec. 40. It shall be the duty of the appellant to reproduce copies of the Record on Appeal of the Ecclesiastical Trial as transmitted, to be printed or otherwise reproduced as shall be permitted by the Presiding Judge of the Court of Review. Within thirty days after receiving the copy of the Record on Appeal, the appellant shall serve two copies of the Record on Appeal, the notice of appeal and the appellant's brief, if any, upon the opposite party, and shall deliver seven copies of each to the Presiding Judge of the Court for the use of the Judges.

The appellee shall serve the appellee's brief, if any, on the appellant with seven copies to the Presiding Judge of the Court of Review not later than thirty days following the service upon the respondent of the record, notice of appeal and appellant's brief. Any reply brief shall be served likewise within ten days following service of the prior brief upon the party.

Sec. 41. For reasons deemed sufficient by the Presiding Judge, the printing of the record, or of any portion thereof may be dispensed with.

Sec. 42. The Standing Committee of the Diocese in which the Trial was held shall be deemed to be the opposite party for the purpose of this appeal.

Sec. 43. At the time and place appointed, the Court shall organize, and proceed to hear the appeal; Provided, however , that at least six Judges, of whom the Presiding Judge of the Court shall be one, shall participate in the hearing. But the members present, if less than that number, may adjourn the Court from time to time, until the attendance of the requisite number is secured.

Sec. 44. The Court of Review shall appoint a Clerk and, if necessary, Assistant Clerks, who shall be Priests canonically resident in a Diocese of that Province or confirmed adult communicants in good standing of this Church residing in the Province, to serve at the pleasure of the Court.

Sec. 45. The Court of Review shall appoint at least one but no more than three Lay Assessors. Lay Assessors shall have no vote. It shall be their duty to give the Court an opinion on any question of law, procedure or evidence, but not on any matter of doctrine, upon which the Court of any member thereof, or either party, shall desire an opinion. Any question of whether any question is a matter of doctrine shall be decided by the Court by a majority vote.

Sec. 46. The Court of Review shall be guided by the Federal Rules of Appellate Practice and may adopt rules of procedure not inconsistent with the Constitution and Canons of this Church, with the power to alter or rescind the same from time to time, provided the same shall not cause material and substantial injustice to be done or seriously prejudice the rights of the parties.

Sec. 47. The Court of Review shall permit the Respondent to be heard in person or by counsel of the Respondent's own selection but may regulate the number of counsel who may address the Court and shall permit the Church Attorney to be heard.

Sec. 48. The Court of Review shall keep a record of all proceedings.

Sec. 49. No determination or judgment of any Ecclesiastical Trial Court shall be disturbed for technical errors not going to the merits of the cause.

Sec. 50. The Court may reverse or affirm in whole or in part the decision of the Ecclesiastical Trial Court, or, if in its opinion justice shall so require, may grant a new trial. If after having been duly notified, the appellant fails to appear, and no sufficient excuse be shown, the Court, in its discretion, may dismiss the appeal for want of prosecution, or may proceed to hear and determine the appeal in the appellant's absence.

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 decision 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 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 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.

Sec. 52. The Court of Review shall not pronounce Sentence on the affirmation of a Judgment. When the appeal is so finally determined, if the decision of the Ecclesiastical Trial Court be affirmed in whole or in part, upon receipt of the record and the judgment or decision of the Court of Review by the Ecclesiastical Authority of the jurisdiction of the Trial Court, the Respondent shall be sentenced in accordance with Canon IV.12.

Sec. 53. The necessary charges and expenses of the Court of Review, including the necessary expenses of the members of the Court, Lay Assessors, Reporters and Clerks and the reasonable and necessary out-of-pocket disbursements and expenses, except the cost of printing any records or briefs, shall be a charge upon the Province and shall be paid by the Treasurer of the Synod of that Province upon the order of the President of the Synod. Any legal fees and other disbursements of the Church Attorney shall be the responsibility of the Diocese in which the Trial was held, unless the Trial was held as a service or convenience to a Diocese from which the Presentment issued, in which case the responsibility therefor shall be that of the Diocese from which the Presentment was issued.

CANON 5

Of the Court for and the Trial of a Bishop

Sec. 1. The Court for the Trial of a Bishop is vested with jurisdiction to try a bishop who is duly Presented for any one or more of the Offenses specified in Canon IV.1.

Sec. 2. There shall be a Court for the Trial of a Bishop, consisting of nine bishops of this Church. Three bishops shall be elected by the House of Bishops at each regular meeting of General Convention, to serve until the adjournment of the third succeeding regular meeting of General Convention. All judges shall serve until their successors are elected and qualify; Provided, however , there shall be no change in composition of a Court as to a proceeding pending before it, while that proceeding is unresolved.

Sec. 3(a). No bishop shall sit as a member of a Court for the Trial of a Bishop who is a Complainant, or is related to the Respondent or Complainant by affinity or consanguinity, or who is excused pursuant to Canon IV.14.11; nor shall any bishop sit who, upon objection made by either party for any reason, is deemed by the other members of the Court to be disqualified.

(b). The death, permanent disability rendering the person unable to act, resignation, declination to serve or removal by challenge as a member of Court for the Trial of a Bishop shall constitute a vacancy in the Court.

(c). Notices of resignations or declinations to serve shall be given by any bishop chosen to serve as a member of the Court for the Trial of a Bishop by written notice sent to the Presiding Bishop.

Sec. 4. The Court for the Trial of a Bishop shall from time to time elect from its own membership a Presiding Judge, who shall hold office until the expiration of the term for which chosen. If in any proceeding before the Court the Presiding Judge is disqualified or is for any cause unable to act, the Court shall elect from its members a Presiding Judge pro tempore .

Sec. 5. When the Court is not in session, if there is a vacancy in the office of the Presiding Judge, the bishop who is senior by consecration shall perform the duties of the office of Presiding Judge.

Sec. 6. Vacancies occurring in the Court for the Trial of a Bishop shall be filled as follows:

(a). In the case of a vacancy due to the disqualification of any Judge, the remaining Judges of the Court shall appoint a Judge to take the place of the one so disqualified in that particular case.

(b). In the case of a vacancy in the Court for the Trial of a Bishop, the remaining Judges shall have power to fill such vacancy until the next General Convention, when the House of Bishops shall choose a bishop to fill such vacancy. The bishop so chosen shall serve during the remainder of the term.

Sec. 7. Not less than six of the Judges shall constitute a quorum, but any less number may adjourn the Court from time to time.

Sec. 8(a). Upon receiving a Presentment, the Presiding Judge of the Court for the Trial of a Bishop shall call the Court to meet at a certain time and place, to be not less than two nor more than four calendar months from the day of mailing the notice, and at a place within the Diocese of the accused Bishop, unless the same be of such difficult access, in the judgment of the Presiding Judge of the Court, that reasonable convenience requires the appointment of another place; and in case the Respondent have no jurisdiction, at a place within the Diocese in which the Respondent is canonically resident. With this notice, the Presiding Judge shall send to each member of the Court a copy of the Presentment.

(b). The Presiding Judge of the Court shall also summon the Respondent to appear at the same time and place to answer the Presentment, and shall also give notice of the time and place to the Church Attorney.

Sec. 9. Within three months following each regular meeting of General Convention, the Court shall appoint a Church Attorney to serve until the next regular meeting of General Convention until a successor is duly appointed and qualified, and from time to time for good cause and upon the request of the Church Attorney, appoint one or more assistant Church Attorneys to act for and in the place of the Church Attorney.

Sec. 10. The Court shall appoint a Clerk and, if necessary, Assistant Clerks, who shall be Members of the Clergy or adult confirmed communicants in good standing of this Church, to serve at the pleasure of the Court.

Sec. 11. The Court shall appoint a Reporter who shall provide for the recording of the proceedings and serve at the pleasure of the Court.

Sec. 12. The Court shall appoint at least one but no more than three Lay Assessors. Lay Assessors shall have no vote. It shall be their duty to give the Court an opinion on any question of law, procedure or evidence but not on any question of doctrine, upon which the Court or any member thereof, or either party, shall desire an opinion. Any doubt of whether any question is a matter of doctrine shall be decided by the Court by a majority vote.

Sec. 13. Where a Presentment of a Bishop for holding and teaching publicly or privately, and advisedly, any doctrine contrary to that held by this Church is made by any ten Bishops of this Church exercising jurisdiction, they may select a Church Attorney.

Sec. 14. In all cases, the Church Attorney, or the assistants to the Church Attorney shall appear in behalf of the Church. The Church shall then be considered the party on one side, and the Respondent the party on the other.

Sec. 15. The rules of procedure in a Court for the Trial of a Bishop shall be governed by The Federal Rules of Civil Procedure as set forth in Appendix A to these Canons.

Sec. 16. The Court shall be governed by The Federal Rules of Evidence.

Sec. 17. The Court shall permit the Respondent to be heard in person or by counsel of the Respondent's own selection, but the Court may regulate the number of counsel who may address the Court or examine witnesses.

Sec. 18(a). At the time and place appointed, a quorum of the Court being present, the Presiding Judge shall declare the Court open for hearing the case; and when thus open, shall direct the Clerk to call the names of the Church Attorney and the Respondent; and shall then cause the Clerk to read the Presentment.

(b). The Respondent shall then be called upon by the Court to plead to the Presentment and the plea shall be duly recorded; and on neglect or refusal of the Respondent to plead, the plea of not guilty shall be entered for the Respondent, and the Trial shall proceed ; Provided, that for sufficient cause the Court may adjourn from time to time; and Provided, also , that the Respondent shall, at all times during the Trial, have liberty to be present, and in due time and order to produce testimony and to make a defense.

(c). If the Respondent fails or refuses to appear in person, according to the notice served as aforesaid, except for reasonable cause to be allowed by the Court, the Respondent shall be pronounced in Contumacy, and given notice that Sentence of Suspension or Deposition will be adjudged and pronounced by the Court at the expiration of thirty days unless at that time, or at such convenient time thereafter as the Court shall determine, the Respondent shall appear and stand Trial upon the Presentment. If the Respondent does not so appear, Sentence of Suspension, or of Deposition from the Ordained Ministry, may be adjudged and pronounced by the Court.

Sec. 19. Each Complainant and the Victim shall have the right to be present throughout and observe the Trial and for each to be accompanied by at least one person of their own choosing and by an attorney of their own choosing.

Sec. 20. The Respondent being present, the Trial shall proceed in accordance with this Canon. The Respondent shall in all cases have the right to be a defense witness, subject to cross-examination in the same manner as any other witness. No testimony shall be received at the Trial except from witnesses who have signed a declaration in the following words or the Oath provided by The Federal Rules of Evidence, to be read aloud before the witness testifies and to be filed with the records of the Court.

"I, A. B., a witness on the Trial of a Presentment against the Right Reverend____________________, a Bishop of the Episcopal Church, now pending, do most solemnly call God to witness that the evidence I am about to give shall be the truth, the whole truth, and nothing but the truth, so help me God."

Sec. 21. 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 Court, after consultation with the Lay Assessors also shall instruct the members of the Court as to the elements of the Offense and charge them (i) that the Respondent must be presumed to be innocent until the Respondent's guilt is established by legal and competent evidence of clear and convincing proof, and unless the standard of proof be met the Respondent must be acquitted and (ii) that the burden of proof to establish the guilt of the Respondent is upon the Church Attorney.

Sec. 22. Separate and distinct votes shall be taken first upon the findings as to the guilt of the Respondent, and, if the Respondent be found to be guilty, then upon the Sentence to be imposed.

Sec. 23. The Court, having fully heard the allegations and proofs of the parties, and having deliberately considered the same after the parties have withdrawn, every member of the Court sitting in the cause shall declare an opinion about whether the Respondent is guilty or not guilty, and with respect to each particular Charge contained in the Presentment.

Sec. 24(a). For a Judgment on an Offense involving Crime, Immorality or Conduct Unbecoming a Member of the Clergy, the concurrence of two-thirds of the members of the Ecclesiastical Trial court shall be necessary.

(b). For a Judgment on any other Offense not involving Crime, Immorality or Conduct Unbecoming a Member of the Clergy, the concurrence of two-thirds of the members of the Ecclesiastical Trial Court shall be necessary.

Sec. 25. The decision of the Court as to all the Charges shall be reduced to writing, and signed by those who assent to it.

Sec. 26. No vote shall be taken on the Sentence to be imposed until such time as the Respondent, Church Attorney, each Complainant, and, unless waived in writing, the Victim have been informed of the Judgment and each has had a reasonable opportunity to offer matters in excuse or mitigation or to otherwise comment on the Sentence.

Sec. 27. The Court shall then vote upon a Sentence to be adjudged and imposed upon the Respondent and the decision so signed shall be recorded as the judgment of the Court.

Sec. 28(a). The Judgment and Sentence adjudged shall be communicated promptly to the Respondent, each Complainant, and, unless waived in writing, the Victim, the Presiding Bishop and the Standing Committee of the diocese in which the Respondent is canonically resident.

(b). Any Respondent who shall be found guilty of any Charge may file a motion for a modification of Sentence. Any such motion shall be filed within 30 days from the date of the filing of the decision, and the motion shall set forth all the reasons therefor, and no other shall be relied on at the hearing of the motion without the consent of the Court. The Presiding Judge of the Court shall set a place and time for hearing the motion and shall reconvene the Court to hear and determine the same.

(c). The Court may in the interest of justice modify the Sentence. Upon determination of the motion to modify, the judgment as to the guilt of the Respondent shall become final. If no motion for modification of Sentence shall be filed within the time limited for filing such motions, the Clerk of the Court shall on the next business day enter, as final, the judgment rendered by the Court. An appeal from a final judgment of a Court for the Trial of a Bishop to the Court of Review of the Trial of a Bishop, as provided in Canon IV.6, may be taken within thirty days from the entry of the judgment.

(d). The final judgment shall be in writing signed by a majority of the Court and direct what Sentence is to be incorporated in the final judgment to be recorded by the Clerk.

(e). After the entry of final judgment, the Presiding Judge of the Court shall appoint a time and place not less than sixty days thereafter for pronouncing the Sentence adjudged. At the time and place appointed, if the Respondent shall not have an appeal pending in the Court of Review of the Trial of a Bishop, or the action of the Court of Review has not made it unnecessary for the Trial Court to proceed to pronounce Sentence, the Presiding Judge of the Court, or a member thereof designated in writing by a majority of the members thereof to do so, shall in the presence of the Respondent, if the Respondent shall see fit to attend, pronounce the Sentence which has been adjudged by the Court, and direct the same to be recorded by the Clerk; and Provided, further, that Sentence shall not be imposed upon a bishop found guilty of holding and teaching doctrine contrary to that held by this Church unless and until the said finding shall have been approved by a vote of two-thirds majority of all the bishops canonically assembled in the said House present and entitled to vote.

Sec. 29(a). The Court shall keep a record of all proceedings.

(b). The record shall be kept by the Clerk, inserted in a book and be attested by the signature of the Presiding Judge and Clerk. The record shall be in the custody of the Clerk and kept in the depository of the Registrar of the General Convention, and shall be open to the inspection of every member of this Church.

Sec. 30. The necessary expenses of the Court including therein the necessary expenses of the Church Attorneys, Clerks, Reporters and Lay Assessors appointed to assist the Court, shall be a charge upon the General Convention and shall be paid by the Treasurer of General Convention upon the order of the Presiding Judge of the Court.

CANON 6.

Of Appeals to the Court of Review of the Trial of a Bishop

Sec. 1. A bishop found guilty of any Offense shall have the right to appeal from the judgment of the Trial Court to the Court of Review of the Trial of a Bishop; and in the case of a bishop Presented for holding and teaching doctrine contrary to that held by this Church, the Church Attorney shall have a right to appeal.

Sec. 2. The Court of Review of the Trial of a Bishop is vested with jurisdiction to hear and determine appeals from the determination of the Court for the Trial of a Bishop.

Sec. 3. There shall be a Court of Review of the Trial of a Bishop, consisting of nine bishops. Three bishops shall be elected by the House of Bishops at each regular meeting of General Convention, to serve until the adjournment of the third succeeding regular meeting of General Convention. All Judges shall serve until their successors are elected and qualify; Provided, however, there shall be no change in composition of a Court following the hearing and while a proceeding is pending, unresolved, before the Court.

Sec. 4(a). No bishop shall sit as a member of this Court who is a Complainant, is related to the Respondent or Complainant by affinity or consanguinity, or who is excused pursuant to Canon IV.14.11; nor shall any bishop sit who, upon objection made by either party for any reason, is deemed by the other members of the Court to be disqualified.

(b). The death, permanent disability, resignation, or declination to serve as a member of this Court shall constitute a vacancy in the Court.

(c). Notices of resignations or declinations to serve shall be given by written notice sent to the Presiding Bishop.

Sec. 5. The Court shall from time to time elect from its own membership a Presiding Judge, who shall hold office until the expiration of the term for which chosen. If in any proceeding before the Court the Presiding Judge is disqualified or is for any cause unable to act, the Court shall elect from its members a Presiding Judge pro tempore.

Sec. 6. When the Court is not in session, if there is a vacancy in the office of the Presiding Judge, the bishop who is senior by consecration shall perform the duties of the office of Presiding Judge.

Sec. 7. Vacancies occurring in this Court shall be filled as follows:

(a). In the case of disqualification of any Judge, the remaining Judges of the Court shall appoint a Judge to take the place of the one disqualified in that particular case.

(b). In the case of a vacancy in the Court, the remaining Judges shall have power to fill the vacancy until the next General Convention, when the House of Bishops shall choose a bishop to fill the vacancy. The bishop so chosen shall serve during the remainder of the term.

Sec. 8. Not less than six Judges shall constitute a quorum and the concurrence of six Judges shall be necessary to pronounce a judgment, but if less than a quorum is present they may adjourn the Court from time to time.

Sec. 9. The Court shall appoint a Clerk and, if necessary, Assistant Clerks who shall be Members of the Clergy or adult confirmed communicants in good standing of this Church, to serve during the pleasure of the Court.

Sec. 10. The Court shall appoint a Reporter who shall provide for the recording of the proceedings and serve during the pleasure of the Court.

Sec. 11. The Court shall appoint at least one but no more than three Lay Assessors. Lay Assessors shall have no vote. It shall be their duty to give the Court an opinion on any question of law, procedure or evidence, but not a question of doctrine, upon which the Court or any member thereof, or either party, shall desire an opinion. If a doubt shall arise as to whether any question is a matter of doctrine, it shall be decided by the Court by a majority vote.

Sec. 12. The rules of procedure in the Court shall be The Federal Rules of Civil Procedure set forth in Appendix A to these Canons.

Sec. 13. The Court shall permit the Respondent to be heard in person and by counsel of the Respondent's own selection, but the Court may regulate the number of counsel who may address the Court.

Sec. 14(a). Unless within thirty days from the date of entry of judgment in the Trial Court the appellant has given notice of the appeal in writing to the Trial Court, to the party against whom the appeal is taken, and to the Presiding Judge of the Court of Review of the Trial of a Bishop, assigning in the notice the reasons of appeal, the appellant shall be held to have waived the right of appeal although in its discretion the Court of Review of the Trial of a Bishop may entertain and hear an appeal not taken within such the prescribed period.

(b). The Presiding Judge of the Court of Review upon receiving the notice of appeal shall appoint a time within 60 days thereafter for hearing the appeal and fix the place of the hearing. At least 30 days prior to the day appointed, the Presiding Judge shall give written notice of the time and place to the other members of the Court and also the appellant and appellee.

Sec. 15. Upon notice of appeal being given, the Clerk of the Trial Court shall send to the Clerk of the Court of Review of the Trial of a Bishop a transcript of the record, including all the evidence, certified by the Presiding Judge and Clerk of the Trial Court, and the Clerk shall lay the same before the Court of Review at its next session.

Sec. 16. No oral testimony shall be heard by the Court of Review.

Sec. 17. The Court of Review of the Trial of a Bishop may affirm or reverse any judgment brought before it on appeal, and may enter final judgment in the case or may remand the same to the Trial Court for a new Trial or for such further proceedings as the interests of justice may require; Provided, however, that if the Respondent has been found not guilty by the Trial Court upon any of the Charges upon which tried other than that of holding and teaching doctrine contrary to that held by this Church, the Court of Review of the Trial of a Bishop shall have no power to reverse these findings.

Sec. 18(a). If the Court of Review of the Trial of a Bishop enters final judgment in the case, and if by that judgment the Respondent is found guilty of any of the Charges upon which tried, the Court of Review of the Trial of a Bishop may review the Sentence adjudged by the Trial Court and may adjudge a lesser Sentence than that adjudged by the Trial Court. Before final Sentence is adjudged by the Court of Review the Respondent shall have the opportunity to make a statement to the Court in excuse or mitigation. The Church Attorney, each Complainant, and, unless waived in writing, the Victim shall have the opportunity to make a statement to the Court regarding the Sentence to be adjudged and imposed.

(b). The final Sentence adjudged shall be pronounced pursuant to Canon IV.5.27 and the notices thereof required by Canon IV.12 shall be given.

Sec. 19. In case of appeal, all proceedings in the Trial Court and the pronouncement of Sentence shall be stayed until the appeal is dismissed by the Court of Review of the Trial of a Bishop, or the case be remanded by the Court to the Trial Court for further proceedings, or until final judgment has been adjudged by the Court of Review.

Sec. 20. Should the appellant fail to prosecute an appeal before the said Court of Review at the first session thereof after the entry of the appeal at which it could be heard, the appeal may be dismissed for want of prosecution. In case the Court dismisses the appeal, the Clerk of the Court shall immediately give notice of the dismissal to the Trial Court.

Sec. 21. The appellant may discontinue the appeal at any time before a hearing thereof has begun before the Court of Review of the Trial of a Bishop. After the hearing has begun, the appellant may discontinue the appeal only with the consent of the Court. If the appeal is discontinued, the Trial Court shall proceed as if no appeal had been taken.

CANON 7.

Of a Priest or Deacon in Any Diocese Chargeable with Offense in Another

Sec. 1. If a Priest or Deacon canonically resident in a Diocese shall have acted in any other Diocese in such a way as to be liable to Presentment, the Ecclesiastical Authority thereof shall give notice of the same to the Ecclesiastical Authority where the Priest or Deacon is canonically resident, exhibiting, with the information given, reasonable ground for presuming its truth. If the Ecclesiastical Authority, after due notice given, shall omit, for the space of three months, to proceed against the offending Priest or Deacon, or shall request the Ecclesiastical Authority of the Diocese in which the Offense or Offenses are alleged to have been committed to proceed against that Priest or Deacon, it shall be within the power of the Ecclesiastical Authority of the Diocese, within which the Offense or Offenses are alleged to have been committed, to institute proceedings pursuant to this Title.

Sec. 2. If a Priest or Deacon shall come temporarily into any Diocese, under the imputation of having elsewhere committed any of the Offenses within the provisions of Canon IV.1, or if any Priest or Deacon, while temporarily in any Diocese, shall so offend, the Bishop of that Diocese, upon probable cause, may Admonish or Inhibit the Priest or Deacon from officiating in that Diocese. And if, after Inhibition, the Priest or Deacon so officiate, the Bishop shall give notice to all the Clergy and Congregations in that Diocese that the officiating of the Priest or Deacon is inhibited; and like notice shall be given to the Ecclesiastical Authority of the Diocese in which the Priest or Deacon is canonically resident, and to the Recorder. The Inhibition shall continue in force until the soonest of (I) the Bishop of the first-named Diocese is satisfied of the innocence of the Priest or Deacon, (ii) the Standing Committee assuming jurisdiction thereover votes not to issue a Presentment or (iii) if presented, the Priest or Deacon is acquitted on Trial.

Sec. 3. The provisions of Section 2 shall apply to Clergy ordained in foreign lands by bishops in communion with this Church; but in such case notice of the Inhibition shall be given to the Bishop from whose jurisdiction the Priest or Deacon shall appear to have come, and also to all the Bishops exercising jurisdiction in this Church, and to the Recorder.

CANON 8.

Of Renunciation of the Ministry by Members of the Clergy Amenable for an Offense

Sec. 1. If any Priest or Deacon (I) Amenable for Presentment for an Offense of Crime, of Immorality or of Conduct Unbecoming a Member of the Clergy or (ii) not under Presentment therefor but Amenable for or subject to a Presentment for any other Offense, shall declare in writing to the Ecclesiastical Authority of the Diocese in which that person is canonically resident a renunciation of the Ministry of this Church and a desire to be removed therefrom, the Ecclesiastical Authority if it be a bishop, or if the Ecclesiastical Authority not be a bishop a bishop acting for the Ecclesiastical Authority, may not accept the renunciation and shall not pronounce Sentence of Deposition save with the consent of a majority of all the members of the Standing Committee of the Diocese. Upon receiving the consent of the Standing Committee, the Bishop or the bishop acting for the Ecclesiastical Authority may proceed to impose a Sentence of Deposition in accordance with Canon IV.12.4.

Sec. 2. If any bishop not Amenable for an Offense of Crime, Immorality or Conduct Unbecoming a Member of the Clergy or not under Presentment therefor but Amenable for or subject to a Presentment for any other Offense shall declare in writing to the Presiding Bishop, or if there then be none to the presiding officer of the House of Bishops, a renunciation of the Ministry of this Church and a desire to be removed therefrom, the Presiding Bishop or the presiding officer may not accept the renunciation and shall not pronounce Sentence of Deposition save with the consent of a majority of all the members of the Advisory Committee to the Presiding Bishop. Upon receiving the consent of the Advisory Committee, the Presiding Bishop or the presiding officer of the House of Bishops may proceed to impose a Sentence of Deposition in accordance with Canon IV.12.

Sec. 3. If a Member of the Clergy making a declaration of renunciation of the Ministry be charged with, or under Presentment for any canonical Offense involving Crime, Immorality or Conduct Unbecoming a Member of the Clergy, or shall have been placed on Trial for the same, the declaration shall not be considered or acted upon until after the Presentment has been dismissed or the Trial has been concluded and Sentence, if any, adjudged. Thereafter, unless the renunciation be revoked by the Member of the Clergy, the Bishop may accept the renunciation and impose and pronounce a Sentence of Deposition.

Sec. 4. No declaration of renunciation of the ministry of this Church under this Canon shall become effective until it has been accepted by the governing authority and Sentence has been pronounced.

CANON 9.

Of Abandonment of the Communion of This Church by a Bishop

Sec. 1. If a bishop abandons the communion of this Church (a) by an open renunciation of the Doctrine, Discipline, or Worship of this Church, or (b) by formal admission into any religious body not in communion with the same, or (c) by exercising episcopal acts in and for a religious body other than this Church or another Church in communion with this Church, so as to extend to such body Holy Orders as this Church holds them, or to administer on behalf of such religious body Confirmation without the express consent and commission of the proper authority in this Church; it shall be the duty of the Advisory Committee to the Presiding Bishop, as provided for by the Rules of Order of the House of Bishops, by a majority vote thereof, to certify the fact to the Presiding Bishop, or if there be none, to the presiding officer of the House of Bishops, and with the certificate to send a statement of the acts or declarations which show such abandonment, which certificate and statement shall be recorded by the Presiding Bishop or the presiding officer. The Presiding Bishop, or the presiding officer, with the consent of the three senior bishops having jurisdiction in this Church, shall then inhibit the said bishop until such time as the House of Bishops shall investigate the matter and act thereon. During the period of Inhibition, the bishop shall not perform any episcopal, ministerial or canonical functions, except as relate to the administration of the temporal affairs of the Diocese of which the bishop holds jurisdiction or in which the bishop is then serving.

Sec. 2. The Presiding Bishop, or the presiding officer, shall forthwith give notice to the bishop of the certification and Inhibition. Unless the inhibited bishop, within two months, makes declaration by a Verified written statement to the Presiding Bishop, or the presiding officer, that the facts alleged in the certificate are false or utilize the provisions of Canon IV.8. or Canon III.18, as applicable, the bishop will be liable to Deposition. If the Presiding Bishop, or the presiding officer, is reasonably satisfied that the statement (I) constitutes a good faith retraction of the declarations or acts relied upon in the certification to the Presiding Bishop or (ii) a good faith denial that the bishop made the declarations or committed the acts relied upon in the certificate, upon the advice and consent of a majority of the three senior bishops consenting to Inhibition, may terminate the Inhibition. Otherwise, it shall be the duty of the Presiding Bishop to present the matter to the House of Bishops at the next regular or special meeting of the House to consider the case. If the House, by a majority of the whole number of bishops entitled to vote, shall give its consent, the Presiding Bishop shall depose the bishop from the Ministry, and pronounce and record in the presence of two or more bishops that the bishop has been so deposed.

CANON 10.

Of Abandonment of the Communion of This Church by a Priest or Deacon

Sec. 1. If it is reported to the Standing Committee of the Diocese in which a Priest or Deacon is canonically resident that the Priest or Deacon, without using the provisions of Canon IV.8, has abandoned the Communion of this Church, then the Standing Committee shall ascertain and consider the facts, and if it shall determine by a vote of three-fourths of all its members that the Priest or Deacon has abandoned the Communion of this Church by an open renunciation of the Doctrine, Discipline, or Worship of this Church, or by a formal admission into any religious body not in communion with this Church, or in any other way, it shall be the duty of the Standing Committee of the Diocese to transmit in writing to the Bishop of such Diocese, or if there be no such Bishop, to the bishop of an adjacent Diocese, its determination, together with a statement setting out in reasonable detail the acts or declarations relied upon in making its determination. If the Bishop affirms the determination, the Bishop shall then inhibit the Priest or Deacon from officiating in the Diocese for six months and shall send to the Priest or Deacon a copy of the determination and statement, together with a notice that the Priest or Deacon has the rights specified in Section 2 and at the end of the six-months period the Bishop will consider deposing the Priest or Deacon in accordance with the provisions of Section 2.

Sec. 2. Prior to the expiration of the six-month period of Inhibition, the Bishop may permit the Priest or Deacon to utilize the provisions of Canon IV.8 or Canon III.18, as applicable. If within such six-month period the Priest or Deacon shall transmit to the Bishop a statement in writing signed by the Priest or Deacon which the Bishop is reasonably satisfied constitutes a good faith retraction of such declarations or acts relied upon in the determination or a good faith denial that the Priest or Deacon committed the acts or made the declarations relied upon in the determination, the Bishop shall withdraw the notice and the Inhibition shall expire. If, however, within the six-month period, the Bishop does not pronounce acceptance of the renunciation of the Priest or Deacon in accordance with Canon IV.8 or Canon III.18, as applicable, or the Priest or Deacon does not make retraction or denial as provided above, then it shall be the duty of the Bishop either (I) to depose the Priest or Deacon as provided in Canon IV.12, or (ii) if the Bishop is satisfied that no previous irregularity or misconduct is involved, with the advice and consent of the Standing Committee to pronounce and record in the presence of two or more Priests that the Priest or Deacon is released from the obligations of Priest or Deacon and (for causes which do not affect the person's moral character) is deprived of the right to exercise the gifts and spiritual authority conferred in Ordination.

CANON 11.

Of a Priest or Deacon Engaging in Secular Employment without Consent, Being Absent from the Diocese, or Abandoning the Work of the Ministry

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 of the Diocese, upon the case being brought to their attention by the written statement of the Bishop, to institute an inquiry into the matter. If in the judgment of the Standing Committee there is sufficient reason for further proceedings, it shall be the duty of the Standing Committee to present the offending Priest or Deacon for trial for violation of Ordination vows and these Canons.

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 of the Diocese, upon the case being brought to their attention by the written statement of the Bishop, to institute an inquiry into the matter. If in the judgment of the Standing Committee there is sufficient reason for further proceedings, it shall be the duty of the Standing Committee to present the offending Priest or Deacon for trial for violation of Ordination vows and these Canons.

3(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 by written statement, whereupon the Standing Committee may institute an inquiry into the matter. If in the judgment of the Standing Committee there is sufficient reason for further proceedings, the Standing Committee shall present the offending Priest or Deacon for trial for violation of Ordination vows and these Canons.

(b). On application either by the Bishop or Priest or Deacon, or at the discretion of the Presiding Bishop, with the approval of the Bishop of that jurisdiction, a Priest or Deacon now on the Special List of Clergy maintained by the Secretary of the House of Bishops may be placed again on a Diocesan Clergy Roll.

(c). A Priest or Deacon whose name remains upon the List of the Secretary of the House of Bishops shall not be considered as canonically resident in a Diocese.

(d). Any Priest or Deacon whose name is on the List, as aforesaid, and who has not made an annual report on the Priest or Deacon's exercise of office to the Presiding Bishop for a period of five years, may be considered to have abandoned the Ordained Ministry of this Church. The Presiding Bishop may, in the exercise of discretion, upon notice in accordance with Canon IV.14, in the presence of two Presbyters, pronounce Sentence of Deposition upon the Priest or Deacon, and authorize the Secretary of the House of Bishops to strike the name from the List and to give notice of the fact to the Priest or Deacon as provided in Canon IV.12.

(e). A Priest or Deacon whose name remains upon the List of the Secretary of the House of Bishops shall be Amenable for an Offense in either the Diocese wherein the Offense has occurred or the Diocese in which the Priest or Deacon was canonically resident immediate prior to being added to the List.

CANON 12.

Of Sentences

Sec. 1(a). The three sentences which may be adjudged by a Trial Court and imposed are Admonition, Suspension, or Deposition.

(b). A Sentence of Admonition may be imposed (I) after the filing of a Waiver and Voluntary Submission under Canon IV.2, or (ii) after final Judgment by a Trial Court. This Sentence shall be a public Reprimand of the Member of the Clergy for the acts of which convicted after Trial or as set forth in the filing of the Waiver and Voluntary Submission.

(c). (1). A Sentence of Suspension may be imposed (I) after the acceptance of a Waiver and Voluntary Submission under Canon IV.2, or (ii) after final Judgment by a Trial Court.

(2). Whenever the Sentence of Suspension shall be adjudged and imposed on a Member of the Clergy, the Sentence shall specify on what terms and on what conditions and at what time the Suspension shall cease.

(3). Where a Sentence is to be adjudged and pronounced, as a condition of the acceptance of discipline under a Waiver and Voluntary Submission, the Ecclesiastical Authority may require the resignation of the Priest or Deacon from ecclesiastical and related secular offices held by that Priest or Deacon upon such terms and conditions as the Ecclesiastical Authority may deem to be appropriate, just and proper.

(4). The Suspension of a Member of the Clergy from the exercise of the Sacred Ministry shall terminate the Pastoral Relationship unless the Vestry by two-thirds vote requests of the Ecclesiastical Authority within thirty days that the relationship continue. Unless the Pastoral Relationship has been terminated, religious services and sacramental ministrations shall be provided for that Parish as though a vacancy exists in the Office of the Rector. This Section shall not prohibit the application of Canon III.21.

(d) (1). A Sentence of Deposition may be imposed (I) after the acceptance of a Waiver and Voluntary Submission under Canon IV.2, (ii) after final Judgment by a Trial Court, (iii) when there has been a renunciation under Canon IV.8, (iv) upon the abandonment of the communion of the Church as set forth in Canons IV.9 and IV.10, or (v) by the Presiding Bishop pursuant to Canon IV.11.3(d).

(2). Upon the pronouncement of a Sentence of Deposition, after Trial or after the acceptance of a Waiver and Voluntary Submission to discipline, all ecclesiastical offices held by the Member of the Clergy deposed, including a rectorship and all ecclesiastical and related secular offices, shall be immediately terminated and vacated.

(3). A Member of the Clergy deposed from the Sacred Ministry is deposed entirely from the Sacred Ministry.

Sec. 2. A Sentence after final Judgment by a Trial Court shall be adjudged by the Trial Court.

Sec. 3. The Bishop shall both adjudge and pronounce Sentence upon a Priest or Deacon (I) after the acceptance of a Waiver and Voluntary Submission under Canon IV.2, (ii) when there has been a renunciation under Canon IV.8, or, (iii) upon the abandonment of the communion of the Church as set forth in Canon IV.10.

Sec. 4(a). If a Priest or Deacon is liable to Sentence upon Judgment by a Trial Court or upon affirmance of the Judgment by a Court of Review, Sentence shall be imposed by the Bishop of the Diocese in which the original trial of the Respondent was had, or in case that Bishop is disqualified or there be no Bishop of that jurisdiction, by another Bishop at the request of the Standing Committee of that Diocese.

(b). If a Priest or Deacon is liable to Sentence upon voluntary submission to discipline under Canon IV.2, Sentence shall be imposed by the Bishop to whom the submission was made.

(c). If a Priest or Deacon is liable to Sentence upon renunciation of the ministry of this Church under Canon IV.8, Sentence shall be imposed by the Bishop of the Diocese in which the Respondent is canonically resident, or in case there be no Bishop of that jurisdiction, by another bishop at the request of the Standing Committee of the Diocese.

(d). If a Priest or Deacon is liable to Sentence upon abandonment of the communion of this Church under Canon IV.10, Sentence shall be imposed by the Bishop of the Diocese in which the Respondent is canonically resident, or in case there be no Bishop of that jurisdiction, by another bishop at the request of the Standing Committee of the Diocese.

Sec. 5. No Sentence shall be pronounced by a Bishop upon a Priest or Deacon after final Judgment by a Trial Court until an opportunity has been given to the Respondent and the Church Attorney, to show cause why Sentence should not be pronounced and to offer any matter in excuse or mitigation for the consideration of the Bishop.

Sec. 6. It shall be lawful for the Bishop to pronounce a lesser Sentence upon a Priest or Deacon than that adjudged by the Trial Court, if the Bishop so choose.

Sec. 7. The Bishop who is to pronounce Sentence upon a Priest or Deacon after final Judgment by a Trial Court shall appoint a time and place for pronouncing the Sentence and shall cause notice thereof in writing to be served upon the Respondent, the Church Attorney, each Complainant, and, unless waived in writing, the Victim in the manner provided in Canon IV.14.17.

Sec. 8. Sentence of Deposition imposed on a Priest or Deacon shall be pronounced in the presence of two or more Priests.

Sec. 9. When the Sentence is pronounced, the Bishop who pronounces it shall give notice thereof without delay in writing to every Member of the Clergy, each Vestry and the Secretary of the Convention and the Standing Committee of the Diocese in which the person so sentenced was canonically resident and in which the Sentence is pronounced, which shall be added to the official records of each Diocese; to the Presiding Bishop, to all other bishops of this Church, and where there is no Bishop, to the Ecclesiastical Authority of each Diocese of this Church; to the Recorder; and to the Secretary of the House of Bishops, who shall deposit and preserve such notice among the archives of the House. The notice shall specify under what Canon the Priest or Deacon has been suspended or deposed.

Sec. 10. When a bishop is liable to Sentence under a judgment of a Trial Court or under a judgment of a Court of Review of the Trial of a Bishop on an appeal to the Court of Review, the Sentence to be imposed shall be one of the Sentences specified in Canon IV.12.1, the Presiding Bishop to pronounce it, and the procedure to be followed in imposing Sentence shall be as provided in the several Canons governing the procedure of those Courts.

Sec. 11. In the case of the Suspension or Deposition of a Bishop, it shall be the duty of the Presiding Bishop to give notice of the Sentence to the Ecclesiastical Authority of every Diocese of this Church, to the Recorder and the Secretary of the House of Bishops, and to all Archbishops and Metropolitans, and to all Presiding Bishops of Churches in communion with this Church.

Sec. 12. The Court for the Trial of a Bishop shall have the discretion to order that a bishop: (I) convicted in a criminal Court of Record of a Crime involving Immorality, (ii) against whom a judgment has been entered in a civil Court of Record in a cause involving Immorality, or (iii) found guilty upon a Presentment for a Crime, for Immorality, for holding and teaching publicly or privately, and advisedly, any doctrine contrary to that held by this Church, or for Conduct Unbecoming a Member of the Clergy shall not, on the conviction, the rendering of the judgment or the finding of guilty, and while the conviction, the judgment or the finding of guilty continues unreversed, perform any episcopal, or ministerial or canonical functions, except those that relate to the administration of the temporal affairs of the Diocese in which the bishop holds jurisdiction or in which the bishop is then serving.

Sec. 13. The Suspension of a bishop from the exercise of the Sacred Ministry shall not terminate any episcopal office held by that bishop but may by its terms suspend episcopal, ministerial or canonical functions, except as relate to the administration of the temporal affairs of the Diocese of which the bishop holds jurisdiction or in which the bishop is then serving. The application of this Canon shall not affect the right to terminate the term of an assistant bishop.

CANON 13.

Of the Remission or Modification of Sentences

Sec. 1. The House of Bishops may remit and terminate any judicial Sentence which may have been imposed upon a bishop, or modify the same so far as to designate a precise period of time, or other specific contingency, on the occurrence of which the Sentence shall utterly cease, and be of no further force or effect; Provided , that no such Remission or modification shall be made except at a meeting of the House of Bishops, during the session of some General Convention, or at a special meeting of the House of Bishops, which shall be convened by the Presiding Bishop on the application of any five bishops, after three months' notice in writing of the time, place, and object of the meeting being given to each bishop; Provided, also , that the Remission or modification be assented to by not less than a majority of the bishops; And provided , that nothing herein shall be construed to repeal or alter the provisions of Canon IV.12.

Sec. 2(a). A Bishop who deems the reasons sufficient may, with the advice and consent of two-thirds of all the members of the Standing Committee, remit and terminate a Sentence of Suspension pronounced in that Bishop's jurisdiction upon a Priest or Deacon.

(b). A Bishop who deems the reasons sufficient may also remit and terminate any Sentence of Deposition pronounced in the Bishop's jurisdiction upon a Priest or Deacon, but shall exercise this power only upon the following conditions:

(1). That the Remission shall be done with the advice and consent of two-thirds of all the members of the Standing Committee;

(2). That the proposed Remission, with the reasons therefor, shall be submitted to the judgment of five of the bishops of this Church whose Dioceses are nearest to the Bishop's own, and the Bishop shall receive in writing from at least four of the bishops, their approval of the Remission, and their consent thereto.

(3). That before such Remission, the Bishop shall require the person so Removed or Deposed, who desires to be restored to the Ordained Ministry, to subscribe to the declaration required in Article VIII. of the Constitution.

Sec. 3. In case the person was Deposed for abandoning the communion of this Church, or was Deposed or Removed by reason of renunciation of or release from the exercise of the Office of Priest or Deacon, or for other causes, the person also having abandoned its communion, the Bishop before granting the Remission, shall be satisfied that the person has lived in lay communion with this Church for not less than one year next preceding application for the Remission.

Sec. 4. In case the person applying for Remission shall be residing other than in the Diocese in which Removed or Deposed, the Bishop to whom application has been made, before granting the Remission, shall be furnished with written evidence of the approval of the application with the reasons therefor from the Bishop of the Diocese in which the person is then residing.

Sec. 5. A Bishop who shall grant Remission for any Sentence of Removal or Deposition shall, without delay, give due notice thereof under the Bishop's own hand, sending the notice in a sealed envelope to every Member of the Clergy, each Vestry, the Secretary of the Convention and the Standing Committee of the Diocese, which shall be added to the official records of the Diocese; to the Presiding Bishop, to all other Bishops of this Church, and where there is no Bishop, to the Ecclesiastical Authority of each Diocese of this Church; to the Recorder; and to the Secretary of the House of Bishops and Secretary of the House of Deputies, who shall deposit and preserve the notice among the archives of those Houses giving, with the full name of the person restored, the date of the Removal or Deposition, and the Order of the Ministry to which that person is restored.

CANON 14

Of General Provisions Applicable to this Title

Sec. 1. Ecclesiastical Nature. Disciplinary proceedings under this Title are neither civil nor criminal, but ecclesiastical in nature and represent determinations by this Church of who shall serve as Members of the Clergy of this Church and further represent the polity and order of this hierarchical Church. Clergy who have voluntarily sought and accepted ordination in this Church have given their express consent and subjected themselves to the discipline of this Church and may not claim in proceedings under this Title constitutional guarantees afforded to citizens in other contexts.

Sec. 2. Resort to secular courts. No Member of the Clergy of this Church may resort to the secular courts for the purpose of delaying, hindering or reviewing any proceeding under this Title.

Sec. 3. Review of proceedings by secular courts. No secular court shall have authority to review, annul, reverse, restrain or otherwise delay any proceeding under this Title.

Sec. 4. Limitations of Actions. (a) (1) No Presentment shall be made for any Offense specified in Canon IV.1.1 that constitutes (a) Crime, (b) Immorality or (j) 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 or the Presiding Bishop except: (I) in the case of a conviction of the Respondent in a criminal Court of Record or a judgment in a civil Court of Record in a cause involving Immorality, a Presentment may be made at any time within three years after the conviction or judgment becomes final; (ii) in a case where the alleged Victim was a minor at the time of the Offense, a Charge may be made at any time prior to the alleged Victim's attaining the age of twenty-five years; or (iii) if an alleged Victim entitled to bring a Charge is otherwise under a disability at the time the Offense occurs, or (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 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 shall not be extended beyond fifteen years from the date the Offense was committed or continued. (2) The time limits of this Section shall not apply to Offenses the specifications of which include physical violence, sexual abuse or sexual exploitation, if the acts occurred when the Victim was a Minor. (3) For Offenses, the specifications of which include physical violence, sexual abuse or sexual exploitation, which were barred by the 1991 Canon on Limitations (Canon IV.1.4.) Charges may be made to a Standing Committee or the Presiding Bishop, in the case of a Bishop, no later than July 1, 1998. (4) Except as provided in clauses (2) and (3) of this Section, these Limitations of Actions shall not be effective retroactively but shall be effective only from the effective dates of this Canon forward.

(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.

(c). Periods in which the Respondent is in the custody of secular authorities shall be excluded in computing the period of limitation prescribed in this Canon, if that custody would prevent the Respondent from participating in an Ecclesiastical Trial.

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.

Sec. 6. Time. (a). Computation. In computing any period of time the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday or a legal holiday in that jurisdiction, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday in that jurisdiction.

(b). Additional Time after Service by Mail. Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper, if service is served by mail, five days shall be added to the prescribed period.

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 the Standing 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.

Sec. 8. 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 the Standing Committee, an Ecclesiastical Trial Court, any other Court or Board of Inquiry 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, Verdict 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 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, Victims or their Advocates as provided for in this Title.

Sec. 9. Involuntary Statements. (a). No person proceeding under the authority of this Title may interrogate, or request a statement from, a Respondent or a person suspected of an Offense without first informing that person of the nature of the accusation and advising that person that no statement need be made regarding the Offense of which the Respondent is accused or suspected and that any statement so made may be used in evidence against that person in any Ecclesiastical Trial.

(b). No Respondent or a person suspected of an Offense may be compelled to incriminate himself or herself or respond to any question the answer to which may tend to incriminate him or her or to testify against himself or herself in any proceedings under this Title.

(c). No statement obtained from any person in violation of this Canon, or through the use of coercion, undue influence or improper inducement may be received in evidence against that person in a Trial under this Title.

(d). No Advocate shall be required to respond to any question regarding any Complainant or Victim.

Sec. 10. Former jeopardy. No Member of the Clergy may be Presented or tried a second time under this Title for the same Offense, or after Waiver and Voluntary Submission to discipline, without the Member of the Clergy's consent.

Sec. 11. Relationship to parties. Any member of any Standing Committee, Board of Inquiry 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.

Sec. 12. Presumption of Innocence. There is a presumption of innocence until the presumption is overcome by Clear and Convincing evidence.

Sec. 13. Standard of Proof. The standard of proof required to establish an Offense by the Respondent by an Ecclesiastical Trial Court shall be that of Clear and Convincing evidence.

Sec. 14. Burden of Proof. The burden of proof to establish an Offense by a Respondent is upon the Church Attorney.

Sec. 15. Roles of Chancellors, Vice Chancellors, etc. Chancellors and Vice Chancellors shall not serve as Church Attorneys or Lay Assessors.

Sec. 16. Amenability. Bishops, Priests, and Deacons are Amenable for Offenses committed by them; a Bishop to a Court of Bishops, and a Priest or Deacon to the Ecclesiastical Authority of the jurisdiction in which the Priest or Deacon is canonically resident at the time the Charge is made or in which the Offense occurred.

Sec. 17. Service of Notices and Citations. (a). A notice or Citation required by any law of this Church to any Member of the Clergy to appear, at a certain time and place for the 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 persons Canonically resident in the United States, or as to persons Canonically resident in countries or territories other than the United States at the person's usual place of abode within the country or territory of residence 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 has departed from the United States or other country or territory of Canonical Residence 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 is cited to appear as the Ecclesiastical Authority 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.

(b). A notice or Citation, other than those above mentioned, required by any law of this Church, when no other mode of service is provided, may be served personally, or by certified mail return receipt requested, addressed to the person to be served, at the person's last known place of residence, or by leaving a copy at the person's last usual place of abode within the United States as to persons who are Canonically resident in the United States, or at the person's last known usual place of abode in a country or territory other than the United States where the person is Canonically resident, with a person of suitable age and discretion.

Sec. 18. Bishops. A reference in this Title to a Bishop intending to mean the Bishop holding jurisdiction pursuant to Article II of the Constitution of this Church shall include a Bishop Coadjutor, if specific jurisdiction for matters contemplated by this Title has been assigned to the Bishop Coadjutor pursuant to Canon III.24.1(c).

Sec. 19. 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 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.

Sec. 20. Expenses of Parties and Costs of Proceedings. Except as expressly provided in this Title, all costs and expenses of the several parties shall be the obligation of the party incurring them. The record of proceedings of a Diocesan Ecclesiastical Trial Court shall be the expense of the Diocese. The record of proceedings of a Court of Review of a Trial of a Priest or Deacon shall be the expense of the Province. The record of proceedings of a Board of Inquiry, the Court for the Trial of a Bishop and the Court of Review of a Trial of a Bishop shall be the expense of the General Convention.

Sec. 21. Absence, etc. of Presiding Bishop. If the Presiding Bishop should be absent, under a disability rendering the Presiding Bishop unable to act, or otherwise disqualified, except as expressly otherwise provided in this Title duties assigned to the Presiding Bishop under this Title shall be performed by that Bishop who would be the next qualified Presiding Officer of the House of Bishops.

Sec. 22. Effect of the Suspension of a Bishop. If the Bishop of a Diocese shall be subject to a Sentence of Suspension, the body or person who would be the Ecclesiastical Authority of that Diocese if there were no Bishop shall have authority to request episcopal assistance and Episcopal Acts from another bishop of this Church.

Sec. 23. Privileged Communications. No communication privileged under the law of the state or under applicable federal law shall be required to be disclosed. Further, the secrecy of a confession is morally absolute for the confessor, and must under no circumstances be broken.

Sec. 26. Non-compliance with any procedural requirements set forth in this Title shall not be grounds for the dismissal of any proceeding unless the non-compliance shall cause material and substantial injustice to be done or seriously prejudice the rights of a Respondent as determined by the Court on motion and hearing.

Sec. 27. Former Sentence of Removal. Solely for the purposes of the application of these Canons to persons who have received the pronouncement of the former sentence of removal, the former sentence of removal shall be deemed to have been a Sentence of deposition.

CANON 15.

Of Terminology used in this Title

Sec. 1. Except as otherwise expressly provided or unless the context otherwise requires, as used in this Title the following terms and phrases shall have the following meanings:

"Acknowledged" shall mean the execution of an instrument in form sufficient to record a deed in the jurisdiction wherein the instrument has been executed.

"Admonish" shall mean to caution, advise or counsel against wrong practices or to warn against the danger of an Offense.

"Admonition" shall mean after a Judgment, a censure or reprimand which is a public and formal reproof of the conduct of a Member of the Clergy.

"Advocate" shall mean a person, lay or clergy, assigned by the Ecclesiastical Authority to support and assist a Complainant or an alleged Victim in any proceedings contemplated by this Title.

"All the members" shall mean the total number of members of the body provided for by Constitution or Canon without regard to absences, excused members, abstentions or vacancies.

"Amenable" shall mean subject, accountable, and responsible to the discipline of this Church.

"Board of Inquiry" shall mean that body established under Canon IV.3(b) to investigate a Charge against a bishop and, if warranted, to issue a Presentment.

"Canonically resident" shall mean the canonical residence or domicile of a Member of the Clergy of this Church established by ordination or letters dismissory.

"Chancellor" shall mean a person appointed or elected to that office in a diocese, under its Canons or otherwise by the Ecclesiastical Authority, and shall include Vice Chancellors or similar legal officers.

"Charge" shall mean a formal and Verified accusation against a Member of the Clergy that the Member of the Clergy is guilty of an Offense specified in Canon IV.1.1.

"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, 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 a Board of Inquiry, 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. The Church Attorney shall not be from the same law firm as a Chancellor or to the Chancellor to the Presiding Bishop or to a Lay Assessor.

"Citation" shall mean a written direction from an Ecclesiastical Court to a member of this Church or person subject to the jurisdiction of this Church to appear and give testimony before that Ecclesiastical Court.

"Clear and Convincing" shall mean proof sufficient to convince ordinarily prudent people that there is a high probability that what is claimed actually happened. More than a preponderance of the evidence is required but not proof beyond a reasonable doubt.

"Clerk of the Court" shall mean that person appointed by an Ecclesiastical Court to keep the account of proceedings of the Court.

"Complainant" shall mean the person or body by whom a Charge is made.

"Conduct Unbecoming a Member of the Clergy" shall mean any disorder or neglect that prejudices the reputation, good order and discipline of the Church, or any conduct of a nature to bring material discredit upon the Church or the Holy Orders conferred by the Church.

"Contumacy" shall mean the refusal or intentional omission of a Member of the Clergy who has been duly cited to appear and defend a Presentment issued against the Member of the Clergy, or, if the Member of the Clergy is duly before the Court, to obey some lawful order or direction made by the Court in the matter.

-"Convention" shall mean the governing body or assembly of a diocese by whatever name it is styled in that diocese.

"Court of Record" shall mean a secular civil or criminal court of the national government, a state, territory or other jurisdiction wherein the Diocese is located which keeps a separate record of a trial or issues its Verdict or judgment in writing sufficient on its face to state an Offense under this Title and as to be able to be certified or duly authenticated by the judge, justice, clerk or other appropriate officer of that court.

"Crime" shall mean a positive or negative act in violation of a penal law which embraces acts immoral or wrong in and of themselves. As used in this Title, "Crime" does not embrace acts or conduct prohibited by statute to which no moral turpitude attaches and constituting Crimes only because they are so prohibited.

"Deposition" shall mean a Sentence by which a Member of the Clergy is deprived of the right to exercise the gifts and spiritual authority of God word and sacraments conferred at ordination.

"Ecclesiastical Authority" shall mean the Bishop of the diocese or, if there be none, the Standing Committee or such other ecclesiastical authority established by the Constitution and Canons of the diocese.

"Ecclesiastical Court" shall mean a court established under this Title.

"Ecclesiastical Trial Court" shall mean a Diocesan Court for the Trial of a Priest or Deacon established pursuant to Canon IV.4(a).

"Federal Rules of Evidence" shall mean The Federal Rules of Evidence for United States District Courts and Magistrates as amended from time to time.

"Federal Rules of Civil Procedure" shall mean The Federal Rules of Civil Procedure for the United States District Courts, Title 28 U.S. Code, as amended from time to time and as further set out in Appendix A to these Canons, except as otherwise modified by express provisions of this Title.

"Godly Admonition": see Pastoral Direction.

"Inhibition" shall mean a written command from a Bishop that a Priest or Deacon shall cease from exercising the gifts of ordination in the sacred ministry as specified in the Inhibition. When an Inhibition is issued to a bishop it may also command the bishop to cease all episcopal acts.

"Judgment" shall mean the determination by an Ecclesiastical Trial Court that a Respondent has or has not committed the Offense for which presented.

"Lay Assessor" shall mean a duly licensed attorney to advise in matters of law affecting a Court or Board of Inquiry in their proceedings.

"Limitations of Actions" shall mean the time within which a Charge must be filed with a Standing 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.

"Member of the Clergy" shall mean Bishops, Priests and Deacons of this Church unless the context shall exclude a Bishop.

"Minor" shall mean a person under the age of twenty-one years of age.

"Offense" shall mean any conduct or acts proscribed in Canon IV.1.1.

"Pastoral Direction" shall mean a written solemn warning from a Bishop to a Priest or Deacon setting forth clearly the reasons for the Pastoral Direction given in the capacity of pastor, teacher and canonical overseer, which is neither capricious or arbitrary in nature nor in any way contrary to the Constitution and Canons of the Church, national or diocesan, and directed to some matter which concerns the Doctrine, Discipline or worship of this Church or manner of life and behavior of the Priest or Deacon addressed, and shall be deemed to include without limitation "Admonition" and "Godly Admonition".

"Presentment" shall mean the writing of a Standing Committee or a Board of Inquiry to an ecclesiastical Trial Court that an offense has been committed which is triable and that there are reasonable grounds to believe that the person named therein has committed it.

"Presiding Bishop" shall mean the Presiding Bishop of this Church or, if there be none or the then Presiding Bishop be absent or disabled, the presiding officer of the House of Bishops.

"Privileged Communications" shall mean (I) disclosures in confidence made by a person to a Member of the Clergy with the purpose of seeking religious counsel, advice, solace, absolution or ministration wherein the Member of the Clergy is acting in the capacity of spiritual advisor to the person, and where the person making the disclosures has a reasonable expectation that the communication will be kept in confidence, (ii) communications under the law of the state and applicable federal law, and (iii) such other communications as defined under The Federal Rules of Evidence.

"Reasonable Cause" shall mean grounds sufficiently strong to warrant reasonable persons to believe that the Charge is true.

"Record on Appeal" shall mean the Presentment, original papers and exhibits filed in the Trial Court, the transcript of proceedings, the Decision of the Trial Court and the Sentence adjudged and to be imposed.

"Remission" shall mean the forgiveness and termination of a Sentence imposed.

"Reporter" shall mean that person charged with the responsibility of taking the recording of the proceedings.

"Respondent" shall mean a Member of the Clergy charged with an Offense.

"Restored" or "Restoration" shall mean the act of a Bishop or the Presiding Bishop remitting and terminating a Sentence imposed and returning a Member of the Clergy to good standing in the order to which the Member of the Clergy was ordained.

"Sentence" shall mean the sentence adjudged by an Ecclesiastical Court after a finding of guilty or the lesser Sentence to be pronounced by a Bishop or the Presiding Bishop, as the case may be.

"Standard of Proof" shall mean that nature of proof required for a Judgment by an Ecclesiastical Court.

"Suspension" shall mean a Sentence by which the Member of the Clergy is directed to refrain temporarily from the exercise of the gifts of ministry conferred by ordination.

"Temporary Inhibition" shall mean that Inhibition authorized by Canon IV.1.

"Trial" shall mean an evidentiary proceeding before an Ecclesiastical Court pursuant to this Title.

"Verdict" shall mean the determination of an Ecclesiastical Court.

"Verification" shall mean a signature before a notary public or similar person authorized to take acknowledgments of signatures on a document that states that the signer has personal knowledge or has investigated the matters set forth in the document and that they are true to the best of the signer's knowledge and belief.

"Verified" shall mean that an instrument contains a Verification.

"Victim" shall mean a person who has been or is or is alleged to be the object of acts of the Respondent.

"Waiver and Voluntary Submission" shall mean a written instrument containing the information required by this Title and Acknowledged by the person executing the same in accordance with Canon IV.2.

TITLE IV (Revised)

APPENDIX A.

[Federal Rules of Civil Procedure as modified and adopted for use in the administration of Title IV, The Canons of the Protestant Episcopal Church in the United States.]

RULE 4. Summons

(a). Form. The summons shall be signed by the clerk, identify the court and the parties, be directed to the accused and state the name and address of the Church Advocate. It shall state the time within which the accused must appear and defend, and notify the accused that failure to do so will result in a judgment of guilt and place the accused at risk for a sentence to be pronounced at a later date. The court may allow a summons to be amended.

(c). Service with Complaint (Presentment); by Whom Made.

(1). A summons shall be served together with a copy of the Presentment.

(2). Service may be made by an person who is not a direct party and who is at least 18 years of age.

(d). Waiver of Service; Duty to Save Costs of Service; Request to Waive.

[The provisions of FRCP 4(d) shall apply noting that the "Plaintiff" shall be the Church as represented by the Church Advocate; the "Defendant" shall be the accused; and, the "Complaint" shall be the Presentment.]

(e). Service Upon Individuals Within a Judicial District of the United States.

[The provisions of FRCP 4(e) shall apply noting that service may be made upon individuals in any territorial area wherein episcopal jurisdiction of this Church is recognized.]

(f). Proof of Service. If service is not waived, the person effecting service shall make proof thereof by affidavit or sworn statement to the court.

RULE 5. Service and filing of Pleadings and Other Papers. [FRCP 5, as written.]

RULE 6. Time. [FRCP 6, as written.]

RULE 8. General Rule of Pleading. [FRCP 8, as written.]

RULE 10. Form of Pleadings. [FRCP 10, as written, deleting the file number and its designation.]

RULE 11. Signing of Pleadings, Motions and Other Papers; Sanctions [FRCP 11, as written deleting all references to sanctions.]

RULE 12. Defenses and Objections -- When and How Presented -- By Pleading or Motion -- Motion for Judgment on the Pleadings.

(a). When presented. Unless a different time is prescribed, and accused shall serve and answer.

(A). within 20 days after being served a Summons and Presentment, or

(B). if service of the summons has been timely waived on request under Rule 4(d), within 60 days after the date when the request for waiver was sent.

(b). How presented. [as written.]

(d). Preliminary Hearings. [as written.]

(e). Motion for More Definite Statement. [as written.]

RULE 15. Amended and Supplemental Pleadings. [FRCP 15, as written, deleting all reference to the "United States" as a party.]

RULE 29. Stipulations Regarding Discovery. [FRCP 29, as written, adding the following:]

The court, upon application, may order Discovery in all or any forms to take place, under such terms and conditions as the court may prescribe.

RULE 32. Use of Depositions in Court Proceedings. [FRCP 32, as written.]

RULE 33. Interrogatories to Parties. [FRCP 33, as written.]

RULE 34. Production of Document, etc. [FRCP 34, as written.]

RULE 36. Requests for Admissions. [FRCP 36, as written.]

RULE 43. Taking of Testimony. [FRCP 43, as written.]

RULE 61. Harmless Error. [FRCP 61, as written.]

Resolved, That pursuant to Canon V.1.6, this amendment shall take effect in the first day of January, 1996.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Indianapolis, 1994 (New York General Convention USA, 1995), pp. 845-90.

Legislative History

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

House of Deputies

Original Text of Resolution:

(A019)

[See The Blue Book, 1994, pages 43-111, for original text and commentary.]

Committee No. 5 presented Report #7 on Resolution A019 (Amend Canons, Title IV Ecclesiastical Discipline) and moved adoption with amendment.

Proposed Amendment:

Deputy Royce presented an Attachment (Appendix B) to Report #7 which documents, with references to the original text (as presented in the The Blue Book, 1994, pages 43-111), additional amendments as proposed by the committee following testimony at committee meetings and open hearings.

Appendix B: Explanation

The Cognate Committees on Canons devoted over seventeen hours deliberating Resolution A019 (Amend Canons, Title IV Ecclesiastical Discipline) took extensive testimony, both at Committee Meetings and Open Hearings, and considered over 180 amendments, adopting over 100.

To facilitate the consideration of A019, as amended by the Committees, the printed text in the The Blue Book, 1994 has not been revised. Rather, an Attachment to the Committee Report lists the Committees' amendments by page and line number referred to resolution A019 in the The Blue Book, 1994. The Committee found this to be the easiest form of reference.

The Attachment does not include all uniform capitalization, typos and editorial revisions found by the Committee that will be reported to the Secretary of the General Convention.

Also, several defined words have been replaced. These will be editorially replaced in the text upon final action of the General Convention. For example, "Judgment" has been substituted for "Conviction" and will be so amended throughout the text. To report these automatic revisions would have added several additional, but necessary pages to the Attachment.

  Page Lines Amendments
       
  44 18 After "direction" add:
      "or by the Ecclesiastical Authority of that diocese or by another Bishop, if the Bishop who issued the Pastoral Direction has resigned, retired, died or is unable to act,"
  44 22 Delete: "or judgment of guilt," add: "of violation"
  45 13-15 After "Diocese" add: "eligible to vote" in each line
  45 14 Delete: "three fourths," Add: "two-thirds"
  46 7-14 Delete and add the following:
      "If a Priest or Deacon is charged with an Offense or Offenses or serious acts are complained of to the Bishop that would constitute the grounds for a Charge of an Offense, and, in the opinion of the Bishop, the Charge or complaint of serious acts is supported by sufficient facts, the Bishop may authorize a Temporary Inhibition and the Bishop shall pronounce it."
  46 15-20 Delete and add the following:
      "Any Temporary Inhibition shall: (I) be in writing, (ii) set forth the reasons for its issuance, (iii) be specific in its terms, (iv) define the Offense or Offenses charged or serious acts complained of, (v) describe in reasonable detail the act or acts inhibited, (vi) be promptly served upon the Priest or Deacon to be inhibited, and (vii) become effective upon being served upon the Priest or Deacon to be inhibited"
  47 4-6 Amend last printed sentence to read:
      "The Standing Committee by a two-thirds vote may dissolve, modify or continue the Temporary Inhibition."
  47 6 Add new last sentence:
      "The Church Attorney shall be given notice of such hearing and shall be permitted to attend and be heard."
  47 18 Delete "thirty" and add "ninety"
  47 19-23 Delete clause.
  47 23 After line 23 add new clause:
(h) In the event the Temporary Inhibition is dissolved or reduced, or otherwise expires, the Ecclesiastical Authority shall so notify all persons to whom notice of the issuance of the Temporary Inhibition was given."
  49 3 After "may" add: ",with the consent of the Ecclesiastical Authority,"  
  49 5 Delete: "without ... Presentment"
  49 19 Add new last sentence:
"The Church Attorney, each Complainant and Victim shall be given an opportunity to be heard prior to the passing of Sentence."
  52 17 Delete: "five" add: "three"
  52 22 After "Bishop" add:
"or the Ecclesiastical Authority of that Diocese, or by another Bishop, if the Bishop who issued the Presentment has resigned, retired, or died or is unable to act."
  52 26 After "disability" add: "or (iii) the spouse or adult child of a Victim."
  52 28 After "Church," add; "only," and delete "clerical"
  53 12 Delete all after "appoint an" and add:
"Advocate to assist those persons in understanding and participating in the disciplinary processes of this Church, obtain assistance to formulate and submit an appropriate change and in obtaining assistance in spiritual matters, if the Victim, spouse, parent or guardian so choose."
  53 14 Add new sentence at end:"Any Victim or complainant shall also be entitled to the counsel of an attorney and/or Advocate of their choice.
  53 23 After line 23 add new Section 6 to read:
"Any Priest or Deacon canonically resident in the Diocese who deems himself or herself to be under imputation, by rumor or otherwise, of any Offense or misconduct for which he or she could be tried in an Ecclesiastical Court, may on his or her own behalf complain to and request of the Bishop that an inquiry with regard to such imputation be instituted. Upon receipt of such request by a member of the clergy, it shall be the duty of the Bishop to cause the matter to be investigated."
  54 8-10 Delete and add:
"The Church Attorney shall promptly make such investigation of the matter as the Church Attorney deems appropriate under the circumstances."
  54 19 Delete: ",in its discretion," and replace with "shall"
  54 21-22 Delete: "upon not less than fifteen days' notice in writing"
  54 24 After "consider" add: "the Church Attorney's Report"
  54 27 Delete: "when competent and admissible evidence," add: "when the information"
  55 4 Delete: "three-fourths" and insert "two-thirds"
  55 5-6 Delete last sentence. Add: "No member shall disclose his or her vote or the vote of any member."
  55 24-30 Delete Add new section:
"If the Standing 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 Victim."
  56 1-4 Delete. Add:
"Prior to the issuance of a Presentment or a determination not to issue a Presentment as the case may be, the matter shall be confidential, except determined to be pastorally appropriate by the Ecclesiastical Authority."
  57 8 After "Sec. 23" Add: "(a)"
  57 22-26 Restore language and Add "(b)"
  57 27 Before "written" delete: "the" and Add: "(a)"
  57 32 After "Complainants" add: "and, unless waived in writing, the Victim."
  58 15-16 Delete. Add the following:
"A vacancy occurring in a Board of Inquiry shall be filled by the Bishop who made that appointment."
  58 18 Add after "IV.5.": "to serve at the discretion of the Board of Inquiry"
  58 19 Delete: "shall." Add: "may"
  59 7 Delete: "governed," Add: "guided"
  60 1 Delete: "competent and admissible"
  60 2-3 Delete all after "committed the Offense" through "they" Add: "by two-thirds vote"
  60 4 Add after "Presentment": "and shall issue a Presentment for an Offense,"
  61 6-12 Delete. Add in place:
"If the Board of Inquiry 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 Presiding Bishop who shall file it with the Secretary of the House of Bishops, the Accused, the Church Advocate, each Complainant, and, if requested, the Victim.
  62 2 Delete: "time limits," Add: "any procedural requirements"
  63 3 Before "(iii)," Add: "by no more than one"
  63 5-6 Delete all following "(iv)" and Add: "make provision for a Church Attorney."
  63 26 Delete: "by secret ballot"
  65 16 Add at end:
"Each Complainant and Victim shall be entitled to be present throughout and observe the trial and for each to be accompanied by a person of their own choosing and counsel of their own choosing.
  65 20 Delete: "by secret ballot," Add: "No member shall disclose his or her vote or the vote of any member."
  65 24 Delete: "legal and competent"
  66 5 Delete: "a majority," Add: "two thirds"
  66 7 Delete all after "Sec. 22". Add:
"The Presiding Judge shall cause the Accused, the Church Attorney, each Complainant, and, unless waived in writing, the Victim to be advised of and provided with a copy of the findings of the Court.
  66 12 Delete: ", in its sole discretion, may," Add: "shall"
  66 17 Delete all after "Sentence," Add after "Sentence":
"No member shall disclose his or her vote or the vote of any member."
  66 17 Delete: "By secret ballot," Add: "No member shall disclose his or her vote or the vote of any member."
  67 1-2 Delete: "in the secret ballot"  
  67 5 Delete: "immediately"
Add: "promptly"
  67 7-8 Delete: "and the," Substitute: "each" after "Complainant," Add: ", and, unless waived in writing, the Victim."
  67 12 After "Accused," Add: "the Church Attorney, each Complainant, and, unless waived in writing, the Victim."
  67 27 After "Sec. 30" Add: "(a)"
  68 2 Add the following new clause:
"(b) The Court of Review shall be appointed by the President of the Province from a panel established by the Province consisting of three Bishops, five Priests and five Lay Persons."
  72 13 Add after "Review": "shall be guided by the Federal Rules of Appellate Practice"
  72 15 Delete all after "provided," Add:
"provided the same shall not cause material and substantial injustice to be done or seriously prejudice the rights of the parties."
  72 19 Add after "court": "and shall permit the Church Attorney to be heard"
  77 18 After line 18, add new Section 19 as follows:
"Sec.19. Each Complainant and the Victim shall have the right to be present throughout and observe the trial and for each to be accompanied by at least one person of their choosing and by an attorney of their own choosing." Renumber following sections.
  77 23 After: "words," Add: "or the Oath required by the Federal Rules of Evidence,"
  78 17 Delete: "majority". Add: "two-thirds"
  78 21-23 Delete. Add:
"No vote shall be taken on the Sentence to be imposed until such time as the Accused, Church Attorney, each Complainant, and, unless waived in writing, the Victim, have been informed of the Conviction and each has had a reasonable opportunity to offer matters in excuse or mitigation or to otherwise comment on the Sentence."
  79 5 Delete: "immediately," Add: "promptly"
  83 31 Add:
"The Church Attorney, each Complainant, and, unless waived in writing, the Victim, shall have the opportunity to make a statement to the Court regarding the Sentence to the adjudged and imposed."
  95 11 After "Accused" Add: "the Church Attorney, each Complainant, and, unless waived in writing, the Victim."
  97 12 After Sec. 12. Delete "A," add: "The Court for the Trial of a Bishop shall have the discretion to order that"
  100 6 After "(a)" add "(1)"
  100 6-23 Line 8: Delete "five" add "ten"
Line 12: Delete "one" add "three"
Line 15: Delete "twenty-three" add "twenty-five," and change "a alleged" to "an alleged"
Line 17: Delete "five" add "ten"
Line 22: Delete "ten" add "fifteen"
  100 23 After "continued." Add new paragraphs:
"(2) The time limits of this section shall not apply to Offenses the specifications of which include physical violence, sexual abuse or sexual exploitation, if the acts occurred when the Victim was a Minor.""(3) For Offenses, the specifications of which include physical violence, sexual abuse or sexual exploitation, which were barred by the 1991 Canon on Limitations (Canon IV.1.4) Charges may be made to a Standing Committee or to the Presiding Bishop, in the case of a Bishop, no later than July 1, 1998."
"(4) Except as provided in clauses (2) and (3) of this Section, these Limitations of Actions shall not be effective retroactively but shall be effective only from the effective dates of this Canon forward."
  101 17 Delete "three" add "five"
  101 19 After "Committee" delete "or by the Clerical members thereof"
  102 1 Delete: "quorum so convened" Add: "members present when a quorum exists"
  102 4 After "other" Add: "improperly"
  102 11 After "sworn" add "testimony or"
  102 12 Delete the "or" before (iii)
  102 12 Delete present (iii) and renumber.
  102 13 After "mitigation" add:
"or (iv) statements given by Complainants, Victims or their Advocates as provided for in this Title"(a) No statement obtained from an Accused or a person suspected of an Offense may be received in evidence against that person in an Ecclesiastical Trial under this Title unless prior to making the statement the person has
(I) been informed of the nature of the accusation;
(ii) been advised that any statement so made may be used in evidence against that person in Ecclesiastical Trial; and
(iii) been advised that no such statement need be made regarding the Offense of which the person is accused or suspected.
(b) (Stays the same)
(c) (Delete)
(d) Becomes (c) ([d] was added by the Committee previously).
  102 25 Add new substitute clause:
"(d) No Advocate shall be required to respond to any question regarding any Complainant or Victim."
  102 29 Before "Board." Add: "Standing Committee,"
  103 4-5 Delete all after the caption. Add:
"There is a presumption of innocence until the presumption is overcome by Clear and Convincing evidence.
  103 6-8 Delete all after the caption. Add:
"The standard of proof required to establish an Offense by the Respondent by an Ecclesiastical Trial Court shall be that of Clear and Convincing evidence."
  103 9-10 Delete all after caption. Add:
"The burden of proof to establish an Offense by a Respondent is upon the Church Attorney."
  103 11-23 Delete all after caption. Add:
"Chancellors and Vice Chancellors of a Diocese shall not serve as Church Attorneys or Lay Assessors."
  105 1-4 Delete
  105 1 Add new section 18 to read:
"18. Bishops. A reference in this Title to a Bishop intending to mean the Bishop holding jurisdiction pursuant to Article II of the Constitution of this Church shall include a Bishop Coadjutor, if specific jurisdiction for matters contemplated by this Title has been assigned to the Bishop Coadjutor pursuant to Canon III.22.2(a)"
  105 7 After "otherwise" add:
"or due to the determination by the Standing Committee for good cause shown that a change in venue is needed,"
  105 27-29 Delete first sentence and add:
"No communication privileged under the law of the state or under applicable federal law shall be required to be disclosed."
  105 31 Delete: "time limits" and add: "any procedural requirements"
  106 11 Delete: "Accused" replace with "Respondent" [throughout Title]
  106 21-24 Delete
  107 3 Delete: "Advocate" replace with "Attorney" [throughout Title]
  107 3-5 Delete: "a confirmed... Canon Law," Add: "duly licensed attorney"
  107 9-10 Delete: "a confirmed... Canon Law," Add: "duly licensed attorney"
  107 11 Delete: "learned in Canon law"
  107 15 Delete: "professionally related to" add: "from the same law firm as"
  107 31 Delete: "him" insert "the Member of the Clergy"
  107 36-37 Delete and add:
"'Judgment' shall mean the determination by an Ecclesiastical Trial Court that a Respondent has or has not committed the Offense for which presented." [substitute Judgment for "Conviction" throughout Title.]
  107 41 Delete "Verified" add "duly authenticated"
  107 43-44 Delete
  108 3-5 Delete all after "deprived of" and add:
"the right to exercise the gifts and spiritual authority of God's word and sacraments."
  108 19-22 Delete
  108 27-28 Delete "a confirmed... Canon Law," Add: "duly licensed attorney"
  108 28 Delete words after "law" through "Canon law"
  108 37-39 Delete "Ombudsman" and insert "Advocate" [throughout Title]
  109 11 Delete: "and" before "(ii)" add after (ii):
"communications under the law of the state and applicable federal law, and (iii)"
  109 25-27 Delete. Add:
"Verification" shall mean a signature before a Notary public or similar person authorized to take acknowledgments of signatures on a document that states that the signer has personal knowledge or has investigated the matters set forth in the document and that they are true to the best of the signer's knowledge and belief."

Resolved, that pursuant to Canon V.1.6, this amendment shall take effect in the first day of January, 1996.

Questions followed on A019.

The clerical deputations from Quincy, Newark and the Dominican Republic, and the lay deputation from Utah, requested a vote by orders on A019.

Debate followed on A019.

Deputy Rehill of Newark moved an amendment to A019.

Proposed Amendment #1:

Restore omitted language on page 47, lines 19-23 in The Blue Book, 1994 to require confidentiality.

A vote was taken on the Rehill amendment #1 to A019.

Motion defeated

Rehill amendment #1 defeated

Deputy Rehill of Newark moved a second amendment to A019.

Proposed Amendment #2:

Replace the words "shall also be entitled" with "may be represented by" on page 53, line 14 of The Blue Book, 1994.

Rehill amendment #2 to A019 was accepted by the Committee.

Deputy Rehill of Newark moved a third amendment to A019.

Proposed Amendment #3:

Restore the original language on page 58, lines 15-16 of the The Blue Book, 1994, as members of Board of Inquiry are not appointed by a single Bishop.

A vote was taken on the Rehill amendment #3 to A019.

Motion carried

Rehill amendment #3 adopted

Deputy Rehill of Newark moved a fourth amendment to A019.

Proposed Amendment #4:

Delete "a majority of" on page 59, line 24 of The Blue Book, 1994 (to be consistent with the amendment requiring a two-thirds vote).

Rehill amendment #4 to A019 was accepted by the Committee.

Deputy Rehill of Newark moved a fifth amendment to A019.

Proposed Amendment #5:

Replace "governed" with "guided" by Federal Rules on page 76, lines 21 and 23 of The Blue Book, 1994.

A vote was taken on the Rehill amendment #5 to A019.

Motion defeated

Rehill amendment #5 defeated

Deputy Rehill of Newark moved a sixth amendment to A019.

Proposed Amendment #6:

Restore the omitted language to require "that Church Attorneys be Episcopalians," on page 107 lines 3-5 and lines 9-11 and to require that "Lay Assessors be Episcopalians," on page 108 lines 27-28 of the The Blue Book, 1994.

A vote was taken on the Rehill amendment #6 to A019.

Motion defeated

Rehill amendment #6 defeated

Deputy Rehill of Newark moved a seventh amendment to A019.

Proposed Amendment #7:

Add to the revised language: "Chancellors and Vice Chancellors may act as legal advisors to Standing Committees until a Presentment has been issued, and may at all times provide advice to the Bishop as to all such proceedings" on page 103, line 23 of the The Blue Book, 1994.

A vote was taken on the Rehill amendment #7 to A019.

Motion defeated

Rehill amendment #7 defeated

Deputy Prior of South Carolina moved an amendment to A019.

Proposed Amendment:

On the attachment to the committee's report on A019, delete Section 3, and renumber page 100, line 23 of the The Blue Book, 1994.

Debate followed on the Prior amendment.

Deputy Robinson of New Hampshire moved to suspend the Rules of Order to allow 30 additional minutes for debate.

A vote was taken to suspend the Rules of Order to allow 30 additional minutes for debate (two-thirds vote required).

Motion defeated

Deputy Hanson of Utah moved suspension of the Rules of Order to allow 5 additional minutes for debate.

A vote was taken to suspend the Rules of Order to allow 5 additional minutes for debate.

Motion carried by two-thirds vote

Rules of order suspended

A vote was taken on the Prior amendment to A019.

Motion defeated

Prior amendment defeated

Deputy Pollack of Washington moved an amendment to A019.

Proposed Amendment:

Re-insert The Blue Book, 1994 language (page 46), Title IV.2(a) in this provision as it involves the Standing Committee in the inhibition of A Priest's Ministry.

A vote was taken on the Pollack amendment.

Motion defeated

Pollack amendment defeated

Deputy Studdiford of Maine moved an amendment to A019.

Proposed Amendment:

Following "Presentment" in Line 24, page 55, delete the words "then that decision...of the Diocese" and between the words "unless warned in writing" in 3rd line and insert "it shall so inform the Bishop".

A vote was taken on the Studdiford amendment.

Motion defeated

Studdiford amendment defeated

Deputy Rogers of Lexington moved an amendment to A019.

Proposed Amendment:

Restore lines 19-22 from The Blue Book, 1994, page 108.

A vote was taken on the Rogers Amendment to A019.

Motion defeated

Rogers amendment defeated

Deputy Wright of Louisiana moved an amendment to A019.

Proposed Amendment:

Add the word "only" after "Member of the Clergy" on line 13 on page 49 ( The Blue Book, 1994) in Canon 2, Section 2.

Delete the remainder of the sentence beginning with "opportunity to consult" and substitute "consultation with an independent legal counsel or another Member of the Clergy." on lines 14-15.

Delete the words "If the Member of the Clergy has so consulted with legal counsel, that counsel shall also be" and substitute "The name of the person offering counsel shall be" on lines 15 and 16; and add a new sentence "The Waiver and Voluntary Submission may be withdrawn by the Member of the Clergy at any time prior to the effective date" on line 19.

A vote was taken on the Wright amendment to A019.

Motion defeated

Wright amendment defeated

Ballot #9: Vote by Orders

Ballot #9 vote by orders was taken on A019, as amended.

Ballot #9 cast by orders

Results of Ballot #9: Title IV Revision

The Secretary read the results of Ballot #9 on A019, as amended.

Type   Total Necessary   Yes No Divided   Results
Lay:   114 58   107 6 1   Carried
Clerical:   113 57   103 5 5   Carried

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #208)

House of Bishops

The Committee on Canons presented its Report #2 on House of Deputies Message #208 on Resolution A019 (Revision of Title IV) and moved concurrence.

The Bishop of Central New York moved to amend as follows:

Proposed Amendment:

Delete Canon 12, Sec.1(c)(4) ( The Blue Book, 1994, page 93, lines 3-8) and replace it as follows:

(4) . The Suspension of a Member of the Clergy from the exercise of the Sacred Ministry shall not terminate the rights and privileges of the Member of the Clergy so suspended as Rector of a Parish nor shall such Suspension terminate any rectorship. Provided, however, religious services and sacramental ministrations shall be provided for that Parish as though a vacancy exists in the office of the Rector. This Section shall not prohibit the application of Canon III.21.

(4). The Suspension of a Member of the Clergy from the exercise of the Sacred Ministry shall terminate the Pastoral Relationship unless the Vestry by two-thirds vote requests of the Ecclesiastical Authority within thirty days that the relationship continue. Unless the Pastoral Relationship has been terminated, religious services and sacramental ministrations shall be provided for that Parish as though a vacancy exists in the Office of the Rector. This section shall not prohibit the application of Canon III.21.

The amendment was accepted by the Committee.

The Bishop of Eau Claire moved to amend as follows:

Proposed Amendment:

Delete Canon 14, Sec. 4, par. 2-4 in Resolution A019 as amended by the House of Deputies ( The Blue Book, 1994 p. 100, line 23, new paragraphs (2), (3), and (4))

The Bishop of Southern Virginia moved the previous question.

Motion carried

Debate terminated

A vote was taken on the Bishop of Eau Claire's amendment.

Motion defeated

amendment rejected

The Bishop of West Texas moved the previous question.

Motion carried

Debate terminated

A vote was taken to concur with Resolution A019 as amended.

The House concurred with amendment

(Communicated to the House of Deputies in HB Message #165)

House of Deputies

Committee No. 5 on Canons presented its Report #12 on House of Bishops Message #165 on Resolution A019a (Revision of Title IV) and moved concurrence.

Debate followed on House of Bishops Message #165 on the amendment to A019a.

The question was called to terminate debate on House of Bishops Message #165 on A019, as amended.

Motion carried

Debate terminated

A vote was taken on House of Bishops Message #165 on A019a, as amended.

The House concurred

(Communicated to the House of Bishops in HD Message #283)

Resolution Concurred by Both Houses, September 2.

Report Reference:   Standing Commission on Constitution and Canons, Reports to the 71st General Convention, 1994, pp. 37-133.
Abstract:   The 71st General Convention comprehensively amends the Canons Title IV on ecclesiastical discipline.
Notes:  

The 71st General Convention accepted the revision of Canon Title IV with the stipulation that it not become effective until January 1, 1996.