D042 Amend Canons IV.2 and IV.13 (new insertion) [Terminology (Church Attorney); Declining to Advance]

Resolved, the House of Deputies concurring,

That the 80th General Convention amend the following section of Canon IV.2 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.>

Church Attorney shall mean one or more attorneys selected pursuant to Diocesan Canons to represent the Church in proceedings as provided in this Title. The Diocesan Canons may provide a process for the removal of a Church Attorney for cause. A Church Attorney shall perform all functions on behalf of the Church necessary to advance proceedings under this Title and shall have the following powers, in addition to the powers and duties otherwise provided in this Title: (a) to receive and review the Intake Officer’s report; (b) to conduct investigations and oversee the Investigator and, in connection with such investigations, to have access to the personnel, books and records of the Diocese and its constituent parts; and to receive and review the reports of the Investigator; (c) to determine, in the exercise of the Church Attorney’s discretion, whether the reported information, if true, would be grounds for discipline; and (d) to exercise discretion consistent with this Title and the interests of the Church by declining to advance proceedings or by referring any matter back to the Intake Officer or the Bishop Diocesan for pastoral response in lieu of disciplinary action prior to the referral of a matter to the Hearing Panel. In representing the Church, a Church Attorney may consult with the president of the Disciplinary Board at any time after the matter has been referred out of the Reference Panel, and, when the prosecution of the case may impact the mission, life, or ministry of the Church, with the Bishop Diocesan

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

Church Attorney shall mean one or more attorneys selected pursuant to Diocesan Canons to represent the Church in proceedings as provided in this Title. The Diocesan Canons may provide a process for the removal of a Church Attorney for cause. A Church Attorney shall perform all functions on behalf of the Church necessary to advance proceedings under this Title and shall have the following powers, in addition to the powers and duties otherwise provided in this Title: (a) to receive and review the Intake Officer’s report; (b) to conduct investigations and oversee the Investigator and, in connection with such investigations, to have access to the personnel, books and records of the Diocese and its constituent parts; and to receive and review the reports of the Investigator; (c) to determine, in the exercise of the Church Attorney’s discretion, whether the reported information, if true, would be grounds for discipline; and (d) to exercise discretion consistent with this Title and the interests of the Church by declining to advance proceedings or by referring any matter back to the Intake Officer or the Bishop Diocesan for pastoral response in lieu of disciplinary action prior to the referral of a matter to the Hearing Panel. In representing the Church, a Church Attorney may consult with the president of the Disciplinary Board at any time after the matter has been referred out of the Reference Panel, and, when the prosecution of the case may impact the mission, life, or ministry of the Church, with the Bishop Diocesan

And be it further

Resolved, That Canon IV.13 be amended by inserting before the existing Section 12 a new section as follows and renumbering succeeding sections:

<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. 12. Once a matter has been referred to the Hearing Panel, the Church Attorney may file a motion requesting leave to decline to advance proceedings or a motion to refer the matter back to the Intake Officer or the Bishop Diocesan for pastoral response in lieu of disciplinary action. The Church Attorney shall serve notice of the motion on the Complainant, the Respondent, and the Bishop Diocesan, any of whom may file a response within fifteen (15) days of receipt of the motion, or within such other time as the Hearing Panel may direct. Upon receipt of such a motion, the Hearing Panel will promptly set the motion for hearing. If leave to decline to advance proceedings is granted, the Hearing Panel shall enter an Order of dismissal. The decision on the motion shall be provided to the Church Attorney, the Complainant, the Respondent, and the Bishop Diocesan and placed on the record of proceedings.

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

Sec. 12. Once a matter has been referred to the Hearing Panel, the Church Attorney may file a motion requesting leave to decline to advance proceedings or a motion to refer the matter back to the Intake Officer or the Bishop Diocesan for pastoral response in lieu of disciplinary action. The Church Attorney shall serve notice of the motion on the Complainant, the Respondent, and the Bishop Diocesan, any of whom may file a response within fifteen (15) days of receipt of the motion, or within such other time as the Hearing Panel may direct. Upon receipt of such a motion, the Hearing Panel will promptly set the motion for hearing. If leave to decline to advance proceedings is granted, the Hearing Panel shall enter an Order of dismissal. The decision on the motion shall be provided to the Church Attorney, the Complainant, the Respondent, and the Bishop Diocesan and placed on the record of proceedings.