D038 HB Committee #03 Report #04

House of Bishops Committee 03 - Title IV Disciplinary Canons presents its Report #04 on Resolution D038 (Amend Canon IV.19.5.c Of General Provisions [Jurisdiction and Venue]) and moves:

Refer to an Interim Body

Resolved, the House of Deputies concurring,

That the 80th General Convention amend Canon IV.19.5.c to read as follows:

<Amended text as it would appear if adopted and concurred. Scroll below the line of asterisks (******) to see the version showing all deleted and added text.>

c. If objection is made by the Bishop Diocesan of the Diocese of canonical residence as provided in Canon IV.19.5.b, the Bishop Diocesan of the Diocese of canonical residence and the Bishop Diocesan of the Intake Officer's Diocese shall promptly agree as to which Diocese will assume jurisdiction over the matter and conduct proceedings. If the two Bishops agree that the Intake Officer’s Diocese will conduct proceedings under this Title regarding the matter, the Bishop Diocesan of the Intake Officer’s Diocese shall meet (either in person or virtually) with the Respondent within 20 days of the referral of the matter by the Intake Officer. If the two Bishops cannot promptly agree, the disagreement will be resolved as follows:

1. Either may promptly request the President of the Court of Review to decide which Diocese shall conduct the proceedings.

2. The requesting Bishop shall provide a copy of the request to the other Bishop. A reply to the request may be made by the non-requesting Bishop within fourteen (14) days of service of the request.

3. The President shall have the discretion to hear from the Bishops Diocese or the Church Attorneys of the respective Dioceses, either personally or telephonically, concerning the request and any reply. The President shall have the discretion to request additional submissions from the Bishops Diocesan or the Church Attorneys.

4. The President shall decide which Diocese shall conduct the proceedings within fourteen (14) days of service of the request.

5. It is a goal of these processes to not delay unduly the progress of any proceeding under this Title. Therefore, the parties shall not use the full extent of these deadlines for the purpose of prolonging the proceedings.

 

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Section 5.

c. If objection is made by the Bishop Diocesan of the Diocese of canonical residence as provided in Canon IV.19.5.b, the Bishop Diocesan of the Diocese of canonical residence and the Bishop Diocesan of the Intake Officer's Diocese shall promptly agree as to which Diocese will assume jurisdiction over the matter and conduct proceedings. If the two Bishops agree that the Intake Officer’s Diocese will conduct proceedings under this Title regarding the matter, the Bishop Diocesan of the Intake Officer’s Diocese shall meet (either in person or virtually) with the Respondent within 20 days of the referral of the matter by the Intake Officer. If the two Bishops cannot promptly agree, the disagreement will be resolved as follows:

1. Either may promptly request the President of the Court of Review to decide which Diocese shall conduct the proceedings.

2. The requesting Bishop shall provide a copy of the request to the other Bishop. A reply to the request may be made by the non-requesting Bishop within fourteen (14) days of service of the request.

3. The President shall have the discretion to hear from the Bishops Diocese or the Church Attorneys of the respective Dioceses, either personally or telephonically, concerning the request and any reply. The President shall have the discretion to request additional submissions from the Bishops Diocesan or the Church Attorneys.

4. The President shall decide which Diocese shall conduct the proceedings within fourteen (14) days of service of the request.

5. It is a goal of these processes to not delay unduly the progress of any proceeding under this Title. Therefore, the parties shall not use the full extent of these deadlines for the purpose of prolonging the proceedings.