Resolution Number: | 2006-A032 | |
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Title: | Amend and Renumber Canon IV.5.1 to IV.5.9 [Court for the Trial of a Bishop] | |
Legislative Action Taken: | Concurred | |
Final Text: |
Resolved, 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 adult 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. 2 3. 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. 3 5 (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 Bishopshall constitute a
vacancy in thethat Court. The recusal or
disqualification of a member of the a 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. TheEach 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, thethat 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 person Bishop 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.
Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Columbus, 2006 (New York: General Convention, 2007), pp. 207-209. |
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