The Acts of Convention

House of Bishops

The House of Bishops Committee on Canons presented its Report #12 on Resolution A047 (Amend Canon IV.14.13) and moved adoption of a substitute.

Original Text of Resolution:

(A047)

Resolved, the House of Deputies concurring, That Canon IV.14.13 be amended to add "

(a)" to the title of the existing section, and add a new subparagraph (b) to read as follows:

(b) Any Bishop exercising authority as provided in this Title (i) who is related by blood or marriage to the Respondent or any alleged victim, or (ii) who reasonably believes himself or herself unable to render a fair and independent sentence, shall be disqualified and excused from service in connection with the matter.

Committee Substitute:

Resolved, the House of Deputies concurring, That Canon IV.14.13 be amended to read as follows:

Sec. 13. Relationship to parties Disqualification of Bishop, Judge, or Member of a Review Committee.

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

(a) Any Bishop exercising authority as provided in this Title shall disqualify himself or herself in any proceeding in which the Bishop's impartiality may reasonably be questioned. The Bishop shall also disqualify himself or herself when the Bishop, the Bishop's spouse, or a person within the third degree of relationship to either of them, or the spouse of such person, (1) is the Respondent, alleged Victim, or Complainant, or (2) is likely to be a witness in the proceeding.

(b) Any member of any Diocesan Review Committee, Review Committee, or any Ecclesiastical Court provided for in this Title, shall disqualify himself or herself in any proceeding in which the member's impartiality may reasonably be questioned. The member shall also disqualify himself or herself when the member, the member's spouse, any person within the third degree of relationship to either of them, or the spouse of such person, (1) is the Respondent, alleged Victim, or Complainant, (2) is likely to be a witness in the proceeding, (3) has a personal bias or prejudice concerning the Respondent, alleged Victim, or Complainant, (4) has personal knowledge of disputed evidentiary facts concerning the proceeding, (5) has a personal financial interest in the outcome of the proceeding or in the Respondent, alleged Victim, Complainant, or any other interest that could be substantially affected by the outcome, or (6) is a member of the same congregation or otherwise has a close personal or professional relationship with the Respondent, any alleged Victim, Complainant, or any witness in the matter.

(c) No Bishop, Ecclesiastical Court, Diocesan Review Committee, or Review Committee shall accept from the parties to the proceeding any waiver of any ground for disqualification enumerated in this Section unless preceded by full disclosure of the basis for the disqualification, on the record, to all parties.

The House of Bishops Committee on Canons resumed its Report #12 on Resolution A047 (Amend Canon IV.14.13) and moved adoption of a substitute.

The question was called to terminate debate on the amendment.

Motion carried

Debate terminated

A vote was taken on the proposed amendment.

Motion defeated

Amendment defeated

A vote was taken on Resolution A047.

Motion carried

Substitute resolution adopted

(Communicated to the House of Deputies in HB Message #99)