The Acts of Convention

House of Deputies

The House of Deputies Committee on Canons presented its Report #8 on Resolution A032 (Amend Canon IV.5) and moved adoption.

Original Text of Resolution:

(A032)

Resolved, the House of Bishops concurring, That Canon IV.5, Sections 1 through 9 be amended and renumbered as follows:

Sec. 1. The Court for the Trial of a Bishop is vested with jurisdiction to try a Bishop who is duly Presented for one or more Offenses not including the Offense in Canon IV.1.1(c). The Court for the Trial of a Bishop for an Offense of Doctrine is vested with jurisdiction to try a Bishop who is duly Presented for one or more Offenses pursuant to Canon IV.3.21(c).

Sec. 2. The Court for the Trial of a Bishop shall consist of five Bishops of this Church, two Priests, and two confirmed adult lay communicants of this Church in good standing. Five Bishops shall be elected by the House of Bishops at each regular meeting of general Convention, to serve until the adjournment of the next regular meeting of General Convention. Two Priests and two confirmed lay communicants of this Church in good standing shall be elected by the House of Deputies at each regular meeting of General Convention, to serve until the adjournment of the next regular meeting of General Convention.

Sec. 23. The Court for the Trial of a Bishop for an Offense of Doctrine shall consist 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.

Sec 4. All judges shall serve until their successors are elected and qualify; Provided, however, there shall be no change in the composition of a Court as to a proceeding pending before it, while that proceeding is unresolved except as specified in Canon IV.5.3.

Sec.35.(a) No judge shall sit as a member of a Court for the Trial of a Bishopwho is a Complainant, or is related to the Respondent or Complainant by affinity or consanguinity, or who is excused pursuant to Canon IV.14.13; nor shall any Judge 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 or declination to serve as a member of thea Court for the Trial of a Bishop shall constitute a vacancy inthe that Court. The recusal or disqualification of a member of thea Court from consideration of a particular Presentment shall constitute a temporary vacancy in the that 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 or Court for the Trial of a Bishop for an Offense of Doctrine by written notice sent to the Presiding Bishop.

(d) Notices of resignation or declinations to serve shall be given by any Priest or Lay Person chosen to serve as a member of the Court for the Trial of a Bishop by written notice sent to the President of the House of Deputies.

(e) Notices of recusal shall be given by a Judge to the Presiding Judge.

Sec. 4 6. The Each Court for the Trial of a Bishopshall 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 thea Court the Presiding Judge is disqualified or is for any cause unable to act, the that Court shall elect from its members a Presiding Judge pro tempore.

Sec. 5 7. When thea 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 8. Vacancies occurring in thea Court for the Trial of a Bishopshall be filled as follows:

(a) In the case of a temporary vacancy due to the recusal or disqualification of any Judge, the remaining Judges may appoint a Judge to take the place of the one so disqualified in that particular case. If the recused or disqualified Judge participated in any proceedings other than consideration of whether any Judge should be disqualified, the remaining Judges shall decide whether or not the Judge will be replaced for the remainder of that case.

(b) In the case of a vacancy in the Court, the remaining Judges shall have power to fill such vacancy until the next General Convention, when the House of Bishops shall choose a personBishop to fill sucha vacancy of a Bishop and the House of Deputies shall choose a Priest or Lay Person, respectively, to fill a vacancy of a Priest or Lay Person. The person so chosen shall serve during the remainder of the term.

Sec. 7 9. Not less than five of the Judges shall constitute a quorum, but any lesser number may adjourn the Court from time to time.

Sec. 8 10. (a) Upon receiving a Presentment, the Presiding Judge shall, within 30 days, send to each member of the Court a copy of the Presentment. If the Presentment is issued pursuant to Canon IV.3.2.1(c) the Presiding Judge shall also send a copy of the supporting briefs, answer, and statements.

(b) The Presiding Judge of the Court shall, within not more than three calendar months from the Presiding Judge’s receipt of the Presentment, summon the Respondent to answer the Presentment in accordance with the Rules of Procedure.

(c) Court proceedings at which the Respondent and Church Attorney are to appear shall be held within the Diocese of the accused Bishop, or within the Diocese where the accused Bishop lives or serves, at the discretion of the Court. The Court may, for good cause, appoint another place for any such proceedings or conduct such proceedings by telephone conference provided that all participants can hear and be heard by all other participants in the telephone conference.

Sec.9 11. Within three months following each regular meeting of General Convention, the Court for the Trial of a Bishopshall appoint a Church Attorney to serve until the next regular meeting of General Convention and 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.

Deputy Winslow of Milwaukee moved to amend the resolution.

Proposed Amendment:

In section 2, after the words “two Priests” insert the words “or Deacons.”

Deputy Drell of Western Louisiana moved the previous question on the amendment.

A vote was taken to terminate debate on the amendment.

Motion carried

Debate terminated

A vote was taken on the amendment.

Motion defeated

Amendment defeated

Deputy Jones of Northern Indiana moved to amend the resolution.

Proposed Amendment:

In section 2, delete the word “confirmed” in both sentences.

Deputy Lambert from Dallas moved the previous question on the amendment.

A vote was taken to terminate debate.

Motion carried

Debate terminated

A vote was taken on the amendment.

Motion defeated

Amendment defeated

Deputy Glasspool of Maryland moved to amend the resolution.

Proposed Amendment:

In section 2 in the third sentence, insert the word “adult” between the words “confirmed” and “lay.” Hearing no objection, the President ruled the acceptance of this amendment.

A vote was taken on Resolution A032 as amended.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #42)

House of Deputies

Special Order of Business

Deputy Johnson of Minnesota moved to reconsider Resolution A032 (Amend Canon IV.5).

Motion carried

Deputy Johnson moved an amendment from the floor on Resolution A032. After some discussion, the President requested that the amendment be withdrawn in order to perfect the text.

The House of Deputies Committee on Canons withdrew the resolution to a later time.

Resolution withdrawn

Dispatch of Business

The House of Deputies Committee on Dispatch of Business asked that the House delay reconsideration of Resolution A032 until distribution of the Supplemental Calendar #2 for the Fourth Legislative Day later in the afternoon.

[Editor's note: The House of Bishops concurred on A032 as amended by the House of Deputies on the Third Legislative Day. The motion to reconsider by Deputy Johnson, which took place after the House of Bishops had concurred on the final text, led to a withdrawal by the Committee on Canons. The Committee reported to the House in Report #21 of Day Four with a recommendation to adopt a newly amended resolution, but again withdrew the motion before discussion; see p. 466.]

House of Deputies

Special Order of Business

The House of Deputies Committee on Dispatch of Business presented its Report #21 to facilitate possible reconsideration of A032 and moved adoption.

House of Deputies

The House of Deputies Committee on Canons presented a Report on the reconsideration of A032 (Amend Canon IV.5) and announced that the House of Bishops passed A032 (Amend Canon IV.5) in its original form, not knowing that the House had moved toward reconsideration.

The House concurred

(Communicated to the House of Bishops in HD Message #222)