A118 Amend Canon IV.5.4 on the Election of Members of the Court of Review

Resolved, the House of Deputies concurring,

That the 80th General Convention amend Canon IV.5.4 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.>

Sec. 4. There shall be a court to be known as the Court of Review, with jurisdiction to receive and determine appeals from Hearing Panels of Dioceses as provided in Canon IV.15 and to determine venue issues as provided in Canon IV.19.5.

a. The Court of Review shall consist of: (i) Three Bishops; six Members of the Clergy, which must include not fewer than two Priests and not fewer than two Deacons; and six lay persons; and (ii) one Bishop, one Priest or Deacon, and one lay person to serve as alternates as hereinafter provided. 

b. The Joint Standing Committee on Nominations will nominate a slate of Clergy and lay persons for election to the Court of Review, in accordance with the Joint Standing Committee on Nominations’ canonical charge and procedures, and guided by the skill sets needed for effective service on the Court of Review. The Joint Standing Committee on Nomination may, but need not, nominate more persons than there are vacancies. The Clergy and lay nominees for the Court of Review may but need not be Deputies to General Convention. The Joint Standing Committee on Nominations will create a description of the skills, gifts and experience requisite for service on the Court of Review, after consultation with the Court, including the value of cultural and geographic diversity on the Court and the value of including historically underrepresented voices in the governance of the Church.

c. The Bishops members and Bishop alternate members on the Court of Review shall be nominated by the Presiding Bishop after consultation with the Joint Standing Committee on Nominations, and then elected by the House of Bishops at a regular meeting of the General Convention.

d. The Clergy and lay members and alternates on the Court of Review shall be elected by the House of Deputies at a regular meeting of the General Convention.

i. Except for a member filling a vacancy, the term of office of a member of the Court of Review shall begin at the adjournment of the regular meeting of the General Convention at which the member was elected and expire upon the adjournment of the second regular meeting of the General Convention following.

ii. Members of the Court of Review shall serve staggered terms of office such that the terms of one-half of the members expire at each regular meeting of the General Convention. The Joint Standing Committee on Nominations shall make its nominations in a manner that supports this staggering of terms.

iii. Any member who has served 12 or more consecutive years shall not be eligible for reelection to the Court of Review until the next regular meeting of the General Convention following the one at which the member was not eligible for reelection to the Court of Review. A person’s service as an alternate shall not count against these term limitations.

e. The Court of Review shall select a president from among its members. The President shall be a Priest, Deacon or lay person.

f. The persons appointed to the Court of Review shall continue to serve until their respective successors have been elected, except in case of death, resignation or declination to serve. Members of the Court of Review who are currently appointed to a panel shall continue to serve on that panel until its work has been completed.

g. Whenever a matter is referred to the Court of Review, the President shall appoint a panel for that case consisting of one Bishop, two Members of the Clergy and two lay persons. No Bishop or Clergy member of the Court of Review may serve in any matter originating from the Diocese in which such Bishop or Clergy member is canonically resident or is then currently licensed to serve, and no lay member may serve in a matter originating from the Diocese of the lay member’s primary residence or a Diocese in which the lay member is then currently active. In such event, the President shall appoint another member of the Court from the same Order to serve; if no other member is available to serve, the President shall appoint an alternate of the same Order to serve.

h. If any member of the Court of Review is excused pursuant to the provisions of Canon IV.5.3.c, or, upon objection made by either party to the appeal, is deemed by the other members of the Court of Review to be disqualified, an alternate shall serve.

i. In the event of any Court of Review member's death, resignation or declination to serve, or disability rendering the member unable to act, and in the further event no other member of the Court is available to serve, the President of the Court of Review shall declare a vacancy on the Court of Review. Notices of resignation or declination to serve shall be communicated in writing to the President of the Court of Review.

j. Vacancies on the Court of Review shall be filled by the President of the House of Deputies for lay and Clergy members and by the Presiding Bishop for Bishop members.

k. The Court of Review shall appoint a clerk who may be a member of the Court, who shall be custodian of all records and files of the Court of Review and who shall provide administrative services as needed for the functioning of the Court.

l. The rules of procedure for appeals to the Court of Review are as provided in Canon IV.15, but the Court of Review may adopt, alter or rescind supplemental rules of procedure not inconsistent with the Constitution and Canons of the Church.

 

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<Proposed amended resolution text showing exact changes being made:>

Sec. 4. There shall be a court to be known as the Court of Review, with jurisdiction to receive and determine appeals from Hearing Panels of Dioceses as provided in Canon IV.15 and to determine venue issues as provided in Canon IV.19.5.

a. The Court of Review shall consist of: (i) Three (3) Bishops; six (6) Members of the Clergy, which and will must include not fewer than two (2) Priests and not fewer than two (2) Deacons; and six (6) lay persons; and (ii) one (1) Bishop, one (1) Priest or Deacon, and one (1) lay person to serve as alternates as hereinafter provided. No more than two (2) Priests or Deacons, whether a member or alternate, shall be canonically resident in the same Diocese as any other Priest or Deacon, and each lay person, whether a member or alternate, shall reside in a different Diocese than any other lay person. The Priests, Deacons and lay persons shall be or have been members of the Disciplinary Boards of their respective Dioceses.

b. The Joint Standing Committee on Nominations will nominate a slate of Clergy and lay persons for election to the Court of Review, in accordance with the Joint Standing Committee on Nominations’ canonical charge and procedures, and guided by the skill sets needed for effective service on the Court of Review. The Joint Standing Committee on Nomination may, but need not, nominate more persons than there are vacancies. The Clergy and lay nominees for the Court of Review may but need not be Deputies to General Convention. The Joint Standing Committee on Nominations will create a description of the skills, gifts and experience requisite for service on the Court of Review, after consultation with the Court, including the value of cultural and geographic diversity on the Court and the value of including historically underrepresented voices in the governance of the Church.

b c. The Bishops members and Bishop alternate members on the Court of Review shall be nominated by the Presiding Bishop after consultation with the Joint Standing Committee on Nominations, and then elected by the House of Bishops at a regular meeting of the General Convention. One of the Bishops on the Court of Review shall be chosen from Provinces I, II or III; one of the Bishops shall be chosen from Provinces IV, V or VI; and one of the Bishops shall be chosen from Provinces VII, VIII or IX.

d. The Clergy and lay members and alternates on the Court of Review shall be elected by the House of Deputies at a regular meeting of the General Convention. for a three year term, such that one-third of clergy members and one-third of lay members shall come from Province I, II, or III; one-third shall come from Province IV, V, or VI; and one-third shall come from Province VII, VIII, IX.

i. Except for a member filling a vacancy, the term of office of a member of the Court of Review shall begin at the adjournment of the regular meeting of the General Convention at which the member was elected and expire upon the adjournment of the second regular meeting of the General Convention following.

ii. Members of the Court of Review shall serve staggered terms of office such that the terms of one-half of the members expire at each regular meeting of the General Convention. The Joint Standing Committee on Nominations shall make its nominations in a manner that supports this staggering of terms.

iii. Any member who has served 12 or more consecutive years shall not be eligible for reelection to the Court of Review until the next regular meeting of the General Convention following the one at which the member was not eligible for reelection to the Court of Review. A person’s service as an alternate shall not count against these term limitations.

e. The Court of Review shall select a president from among its members. The President shall be a Priest, Deacon or lay person.

c. f. The persons appointed to the Court of Review shall continue to serve until their respective successors have been elected, except in case of death, resignation or declination to serve. Members of the Court of Review who are currently appointed to a panel shall continue to serve on that panel until its work has been completed.

d g. Whenever a matter is referred to the Court of Review, the President shall appoint a panel for that case consisting of one Bishop, two Members of the Clergy and two lay persons. No Bishop or Clergy member of the Court of Review may serve in any matter originating from the Diocese in which such Bishop or Clergy member is canonically resident serves on the Disciplinary Board or is then currently licensed to serve, and no lay member may serve in a matter originating from the Diocese of the lay member’s primary residence or a Diocese in which the lay member is then currently active. In such event, the President shall appoint another member of the Court from the same Order to serve; if no other member is available to serve, the President shall appoint an the alternate of the same Order to shall serve.

e h. If any member of the Court of Review is excused pursuant to the provisions of Canon IV.5.3.c, or, upon objection made by either party to the appeal, is deemed by the other members of the Court of Review to be disqualified, an alternate shall serve.

f i. In the event of any Court of Review member's death, resignation or declination to serve, or disability rendering the member unable to act, or is ineligible to serve under Canons IV.5.4.d or .e, and in the further event that there no other member of the Court is no alternate available to serve, the President of the Court of Review shall declare a vacancy on the Court of Review. Notices of resignation or declination to serve shall be communicated in writing to the President of the Court of Review.

g j. Vacancies on the Court of Review shall be filled by appointment by the President of the House of Deputies for lay and Clergy members and by the Presiding Bishop for Bishop members Court of Review of persons qualified as provided in Canon IV.5.4.a.

h k. The Court of Review shall appoint a clerk who may be a member of the Court, who shall be custodian of all records and files of the Court of Review and who shall provide administrative services as needed for the functioning of the Court.

i l. The rules of procedure for appeals to the Court of Review are as provided in Canon IV.15, but the Court of Review may adopt, alter or rescind supplemental rules of procedure not inconsistent with the Constitution and Canons of the Church.