Resolution Number: | 2003-A047 | |
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Title: | Amend Canon IV.14.13 [Conditions for Disqualification] | |
Legislative Action Taken: | Concurred as Substituted | |
Final Text: |
Resolved, 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.
Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Minneapolis, 2003 (New York: General Convention, 2004), p. 636. |
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