D035 Amend Canon IV.19.23: Of General Provisions [Expenses]

Resolved, the House of Deputies concurring,

That the 80th General Convention amend Canon IV.19.23 to read as follows:

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Sec. 23. Except as expressly provided in this Title, applicable Diocesan Canon, or in any Accord or Order, all costs, expenses and fees, if any, shall be the obligation of the party, person or entity incurring them.

a. The necessary costs, expenses and fees of the Investigator, the Church Attorney, the Conference Panel, the Hearing Panel and any pastoral response shall be the expense of the Diocese.

b. The necessary costs and expenses of the Court of Review shall be the expense of the General Convention.

c. The necessary costs and expenses of the Disciplinary Board for Bishops and the Court of Review for Bishops shall be the expense of the General Convention.

d. Nothing in this Title precludes the voluntary payment of a Respondent's costs, expenses and fees by any other party or person, including a Diocese.

e. In the case of diocesan noncompliance with any procedural requirements set forth in this Title which “shall cause material and substantial injustice to be done or seriously prejudice the rights of a Respondent”(Canon IV.19.28), the costs, expenses and fees associated with the proceedings and paid by the Respondent shall be reimbursed to the Respondent by the adjudicating Diocese.

 

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Sec. 23. Except as expressly provided in this Title, applicable Diocesan Canon, or in any Accord or Order, all costs, expenses and fees, if any, shall be the obligation of the party, person or entity incurring them.

a. The necessary costs, expenses and fees of the Investigator, the Church Attorney, the Conference Panel, the Hearing Panel and any pastoral response shall be the expense of the Diocese.

b. The necessary costs and expenses of the Court of Review shall be the expense of the General Convention.

c. The necessary costs and expenses of the Disciplinary Board for Bishops and the Court of Review for Bishops shall be the expense of the General Convention.

d. Nothing in this Title precludes the voluntary payment of a Respondent's costs, expenses and fees by any other party or person, including a Diocese.

e. In the case of diocesan noncompliance with any procedural requirements set forth in this Title which “shall cause material and substantial injustice to be done or seriously prejudice the rights of a Respondent”(Canon IV.19.28), the costs, expenses and fees associated with the proceedings and paid by the Respondent shall be reimbursed to the Respondent by the adjudicating Diocese.