Full Legislative History
Resolution Number: 2003-A051
Title: Amend Canons in Title IV [Ecclesiastical Discipline]
Legislative Action Taken: Concurred as Substituted
Final Text:

Resolved, That Canon IV.4.14 be amended to read as follows:

Sec. 14. (a) The Ecclesiastical Trial Court shall keep a complete and accurate record of the its 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. When all proceedings on a Presentment have been concluded, including any and all appeals, the Presiding Judge shall certify the record. If the Presiding Judge did not participate in the proceeding for any reason, by majority vote the Court shall designate another member to certify the record.

(b) The Court shall promptly deliver the original certified record of the proceedings to The Archives of the Episcopal Church.

And be it further

Resolved, That Canon IV.4.31 be amended to read as follows:

Sec. 31. 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, or 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 Judge of the Court.

And be it further

Resolved,That Canon IV.4.48 be amended to read as follows:

Sec. 48. (a) The Court of Review shall keep a complete and accurate record of all its proceedings. When all proceedings on an appeal have been concluded, the Presiding Judge shall certify the record. If the Presiding Judge did not participate in the proceeding for any reason, by majority vote the Court shall designate another member to certify the record.

(b) The Court shall promptly deliver the original certified record of the proceedings to The Archives of the Episcopal Church.

And be it further

Resolved, That Canon IV.5.29 be amended to read as follows:

Sec. 29(a) The Court for the Trial of a Bishop shall keep a complete and accurate record of all its proceedings. When all proceedings on a Presentment have been concluded, including any and all appeals, the Presiding Judge shall certify the record. If the Presiding Judge did not participate in the proceeding for any reason, by majority vote the Court shall designate another member to certify the record.

(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 in the Archives of the Episcopal Church and shall be open to the inspection of every member of this Church. The Court shall promptly deliver the original certified record of the proceedings to The Archives of the Episcopal Church.

And be it further

Resolved, That a new section be added to Canon IV.6, numbered 22 to read as follows, and that the existing Section 22 of Canon IV.6 be renumbered Section 23:

Sec. 22 (a) The Court of Review of a Trial of a Bishop shall keep a complete and accurate record of its proceedings. When all proceedings on an appeal have been concluded, the Presiding Judge shall certify the record. If the Presiding Judge did not participate in the proceeding for any reason, by majority vote the Court shall designate another member to certify the record.

(b) The Court shall promptly deliver the original certified record of the proceedings to The Archives of the Episcopal Church.

Sec. 2223. The reasonable and necessary expenses of the Court of Review of the Trial of a Bishop, including but not limited to the fees, costs, disbursements and expenses of the Judges, Church Attorneys, Clerks, Reporters and Lay Assessors, shall be charged upon the General Convention and shall be paid by the Treasurer of General Convention upon the order of the Presiding Judge of the Court. The Court shall have the authority to contract for and bind the General Convention to payment of these expenses.

And be it further

Resolved, That Canon IV.4.51 be amended by striking the last two sentences thereof, to read as follows:

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 determination or Judgment 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 Diocesan Review 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 Diocesan Review 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.

And be it further

Resolved, That a new section be added to Canon IV.14, numbered 29, to read as follows:

Sec. 29. Record of Certain Title IV Proceedings and Actions.

(a) Each Ecclesiastical Court shall keep a complete and accurate record of its proceedings. When all proceedings on a Presentment or other matter have been concluded, including any and all appeals, the Presiding Judge shall certify the record. If the Presiding Judge did not participate in the proceeding for any reason, the Court, by majority vote, shall designate another member to certify the record.

(b) A Court may make provision for the preservation and storage of a copy of the record of each proceeding in the Diocese in which the Presentment or other proceeding originated.

(c) A Court shall promptly deliver the original certified record of its proceedings to The Archives of the Episcopal Church.

(d) A Bishop, including the Presiding Bishop, who pronounces a Sentence shall deliver a copy of the notice of the Sentence to The Archives of the Episcopal Church.

(e) In the case of a Waiver and Voluntary Submission to discipline of a Deacon, Priest or Bishop, the Ecclesiastical Authority with jurisdiction shall promptly deliver a copy of the required written instrument to The Archives of the Episcopal Church.

(f) Bishops, including the Presiding Bishop, shall promptly deliver a record of any action of remission or modification of a Sentence to The Archives of the Episcopal Church.

And be it further

Resolved, That the definition of "Sentence" in Canon IV.15 be amended to read as follows:

Sentence shall mean the sentence adjudged by an Ecclesiastical Court after a finding of a commission of an Offense or the lesser Sentence to be pronounced by a Bishop or the Presiding Bishop, as the case may be. The Sentence, whether Admonition, Suspension or Deposition, shall specify the Canon or Canons under which the action is being taken.

And be it further

Resolved, That the Standing Commission on Constitution and Canons be directed during the next triennium to consider any further canonical changes that may be appropriate in light of the changes made in this Resolution, and to report on its work to the 75th General Convention.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Minneapolis, 2003 (New York: General Convention, 2004), pp. 671-674.