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

Resolved, 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 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.c.

a. The Court of Review consists of: i. Three Bishops; six Members of the Clergy, who must include at least two Priests and at least two Deacons; and six lay persons; and ii. one Bishop, one Priest or Deacon, and one lay person to serve as alternates as provided in this Section.

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 must 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 Bishop members and Bishop alternate members on the Court of Review will 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 will 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 begins at the adjournment of the regular meeting of the General Convention at which the member was elected and expires on the adjournment of the second regular meeting of the General Convention following .

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

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

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

f. The persons appointed to the Court of Review will 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 will continue to serve until the Panel has completed its work .

g. Whenever a matter is referred to the Court of Review, the President must 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 must appoint an alternate of the same Order to serve.

h. If any member of the Court of Review is excused under Canon IV.5.3.c, or, upon objection made by either party to the appeal, is found by the other members of the Court of Review to be disqualified, an alternate will 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 that no other member of the Court is available to serve, the President of the Court of Review must declare a vacancy on the Court of Review. Notices of resignation or declination to serve must be communicated in writing to the President of the Court of Review .

j. Vacancies on the Court of Review must 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 must appoint a clerk who may be a member of the Court, who will be custodian of all records and files of the Court of Review, and who will 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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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.c.

a. The Court of Review shall consist consists of: i. (i) Three (3) Bishops; ii. six (6) Members of the Clergy, which and will who must include not fewer than at least two (2) Priests and not fewer than at least 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 in this Section . 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 must 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 Bishop members and Bishop alternate members on the Court of Review shall will 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 will be elected by the House of Deputies at a regular meeting of the General Convention 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 begins at the adjournment of the regular meeting of the General Convention at which the member was elected and expires on the adjournment of the second regular meeting of the General Convention following.

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

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

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

c  f. The persons appointed to the Court of Review shall will 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 Panel will continue to serve on that Panel until its work has been completed the Panel has completed its work .

g. Whenever a matter is referred to the Court of Review, the President shall must appoint a panel 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 must appoint another member of the Court from the same Order to serve; if no other member is available to serve, the President must appoint an the alternate of the same Order to shall serve.

h. If any member of the Court of Review is excused pursuant to the provisions of under Canon IV.5.3.c, or, upon objection made by either party to the appeal, is deemed found by the other members of the Court of Review to be disqualified, an alternate shall will 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 , 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 must declare a vacancy on the Court of Review. Notices of resignation or declination to serve shall must be communicated in writing to the President of the Court of Review.

j. Vacancies on the Court of Review shall must 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 .

k. The Court of Review shall must appoint a clerk who may be a member of the Court, who shall will be custodian of all records and files of the Court of Review, and who shall will 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.