D053 Amend various Canons in Titles IV and V to provide for Notices of Sentences

Resolved, the House of Deputies concurring,

That Canon IV.4.1.d is hereby amended to read as follows:

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Sec. 1.d. abide by the requirements of any Sentence pronounced pursuant to an Accord or Order, or any applicable Pastoral Direction, restriction on ministry, or placement on Administrative Leave issued under Canon IV.7;

And be it further

Resolved, That Canon IV.14.8 is hereby amended to add a new subsection c., to read as follows:

c. Following the receipt from the Court of Review of a notice of determination of an appeal of an Order, other than a dismissal of the matter or a direction granting a new hearing, the Bishop Diocesan shall then pronounce Sentence not sooner than twenty-five days following the receipt of the notice of determination of the appeal and not later than forty days following such receipt.

And be it further

Resolved, That Canon IV.14.12 is hereby amended to read as follows:

Sec. 12. Notice of all Sentences pronounced pursuant to Accords and Orders which have become effective shall be given without delay as follows:

a. In the case of any Accord or Order pertaining to a Priest or Deacon, the Bishop Diocesan shall give notice of the Sentence to every Member of the Clergy in the Diocese, each Vestry in the Diocese, the Secretary of Convention, and the Standing Committee of the Diocese, which shall be added to the official records of the Diocese; to the Presiding Bishop, to all other Bishops of the Church, and where there is no Bishop, to the Ecclesiastical Authority of each Diocese of the Church; to the President of the House of Deputies; to the Recorder of Ordinations; to the Archives; to the Secretary of the House of Bishops and the Secretary of the House of Deputies; and to the Office for Transition Ministry, which shall insert a copy of the notice of Sentence on the Respondent’s OTM Portfolio.

b. In the case of any Accord or Order pertaining to a Bishop, the president of the Disciplinary Board for Bishops shall give notice of the Sentence to the Presiding Bishop, to all other Bishops of the Church, and where there is no Bishop, to the Ecclesiastical Authority of every Diocese of the Church, to the President of the House of Deputies, to the Recorder of Ordinations, to the Archives, to the Secretary of the House of Bishops and the Secretary of the House of Deputies, to all Archbishops and Metropolitans, to all Presiding Bishops of Churches in full communion with this Church, and to the Office for Transition Ministry, which shall insert a copy of the notice of Sentence on the Respondent’s OTM Portfolio.

c. All notices given pursuant to this Canon shall reference the Canon(s), section(s) and subsection(s) specifying the Offense which is the subject of the Accord or Order. In addition to setting forth the Sentence pronounced, the notice shall set forth any other terms of the Accord or Order that are accepted by the Bishop Diocesan or the president of the Disciplinary Board for Bishops which place restrictions upon the exercise of the ministry of the Member of the Clergy.

d. Similar notice shall be given whenever there is any modification or remission of any Sentence for which notice has previously been given pursuant to this Canon.

And be it further

Resolved, That Canon IV.17.6 is hereby amended to read as follows:

Sec. 6. The provisions of Canons IV.14.1.d and IV.14.6.c pertaining to recommendations that a Respondent be admonished or suspended or deposed from ministry shall not apply where the Respondent is a Bishop. Where the Respondent is a Bishop, an Accord or Order may provide for the admonishment, suspension, or deposition of the Respondent. In such event, the Sentence of admonishment, suspension, or deposition, together with such other terms as may be contained in the Accord or Order, shall be pronounced by the president of the Disciplinary Board for Bishops. The president shall have no discretion to decline to pronounce the Sentence or to pronounce a lesser Sentence. Where an Accord provides for the admonishment, suspension, or deposition of a Respondent who is a Bishop, the president shall pronounce Sentence within thirty days after the date on which the Conciliator or the president signs the Accord. Where an Order provides for the admonishment, suspension, or deposition of a Respondent who is a Bishop, the president shall pronounce Sentence not sooner than forty days following the issuance of the Order and not later than sixty days following the issuance of the Order. Notwithstanding anything in this section to the contrary, no Sentence shall be pronounced while an appeal of the matter is pending. However, the president may, while an appeal is pending, place restrictions upon the exercise of the Respondent's ministry, or place the Respondent on Administrative Leave, or continue any such restriction or Administrative Leave as was in effect at the time of the issuance of the Order. Following the receipt from the Court of Review for Bishops of a notice of determination of an appeal of an Order, other than a dismissal of the matter or a direction granting a new hearing, the president shall then pronounce Sentence not sooner than twenty-five days following the receipt of the notice of determination of the appeal and not later than forty days following such receipt.

And be it further

Resolved, That Canon IV.18 is hereby amended to read as follows:

CANON 18: Of Modification and Remission of Orders Sentences

Sec. 1. Any Member of the Clergy who is the subject of a Sentence may apply to the Bishop Diocesan of the Diocese from which the Sentence issued, or the Presiding Bishop in the case of a Bishop, for modification or remission of the Sentence. If the Bishop is satisfied that sufficient reasons exist for granting the modification or remission sought, in whole or in part, the procedures provided in this Canon for modification or remission shall apply.

Sec. 2. In the case of a Sentence pertaining to a Priest or Deacon, any provision of any Sentence other than a Sentence of deposition of the Priest or Deacon may be modified or remitted by the Bishop Diocesan of the Diocese from which the Sentence issued with the advice and consent of two-thirds of the members of the Disciplinary Board.

Sec. 3. In the case of a Sentence of deposition of a Priest or Deacon, such deposition may be remitted and terminated by the Bishop Diocesan of the Diocese from which the Sentence issued only upon the following conditions: a. the remission shall be done with the advice and consent of two-thirds of the members of the Disciplinary Board of the Diocese from which the Sentence issued; b. the proposed remission, with the reasons therefor, shall be submitted to the judgment of five of the Bishops Diocesan whose Dioceses are nearest to the Diocese from which the Sentence issued, and the Bishop Diocesan shall receive in writing from at least four of those Bishops their approval of the remission and their consent thereto; c. if the person deposed maintains legal residence or canonical residence in a Diocese other than the Diocese from which the Sentence issued, the proposed remission, with the reasons therefor, shall be submitted to the judgment of the Bishop(s) Diocesan of the Diocese(s) of legal and canonical residence and such Bishop(s) shall give his or her (or their) written approval of the remission and consent thereto; and d. before such remission, the Bishop Diocesan shall require the person deposed, who desires to be restored to the ordained ministry, to subscribe to the declaration required in Article VIII of the Constitution.

Sec. 4. In the case of a Sentence pertaining to a Bishop, any provision of the Sentence may be modified or remitted by the president of the Disciplinary Board for Bishops with the advice and consent of a majority of the members of the Board and the Bishops who are then serving on the Court of Review.

Sec. 5. In the case of any deposition of a Member of the Clergy for abandoning the Church, no application for remission shall be received by the Bishop Diocesan until the deposed person has lived in lay communion with the Church for not less than one year next preceding application for the remission.

Sec. 6. No Sentence may be modified or remitted unless the Member of the Clergy, the Church Attorney and each Complainant have been afforded sufficient opportunity to be heard by the Disciplinary Board, or the Disciplinary Board together with the Bishops who are then serving on the Court of Review, as the case may be, as to why the proposed modification or remission should or should not be permitted.

And be it further

Resolved, That Canon IV.19.3 is hereby amended to read as follows:

Sec. 3. No secular court shall have authority to review, annul, reverse, restrain or otherwise delay any proceeding under this Title. No action shall be brought in any secular court to enforce the terms or provisions of any Accord or Order or Sentence unless otherwise expressly provided therein.

And be it further

Resolved, That Canon IV.19.10.f is hereby amended to read as follows:

Sec. 10.f The reasonable costs and expenses of providing Advisors made available by the Bishop Diocesan shall be the obligation of the Diocese in which the matter of Discipline is proceeding unless otherwise provided in a Sentence implementing an Accord or Order. The reasonable costs and expenses of providing Advisors chosen by the Respondent or Complainant and not made available by the Bishop Diocesan shall be the obligation of such Respondent or Complainant unless otherwise provided in a Sentence implementing an Accord or Order.

And be it further

Resolved, That the first sentence of Canon IV.19.23 is hereby amended to read as follows:

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

And be it further

Resolved, That Canon IV.19.26 is hereby amended to read as follows:

Sec. 26. Wherever in this Title it is provided that any communication, deliberation, investigation or proceeding shall be confidential, no person having knowledge or possession of confidential information derived from any such communication, deliberation, investigation or proceeding shall disclose the same except as provided in this Title, in any Accord or Order or a Sentence pursuant to such Accord or Order, or as required by any applicable law.

And be it further

Resolved, That Canon IV.19.30.b is hereby amended to read as follows:

b. The Bishop Diocesan shall:

  1. promptly deliver to The Archives of the Episcopal Church a copy of any Accord or Order which has become effective and any Sentence pronounced thereon and a record of any action of remission or modification of any Sentence, and
  2. provide for the permanent preservation of copies of all Accords and Orders and Sentences by means which permit the identification and location of each such copy by the name of the Member of the Clergy who is the subject thereof.

And be it further

Resolved, That Canon V.4.1.a.2 is hereby amended to read as follows:

Sec. 1. a.2 upon any restriction on exercise of ministry, placement on Administrative Leave;, or pronouncement of a Sentence of admonition, suspension, or deposition pursuant to an Order or Accord upon a Member of the Clergy then serving on the body;

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Sec. 1.d. abide by the requirements of any applicable Sentence pronounced pursuant to an Accord or Order, or any applicable Pastoral Direction, restriction on ministry, or placement on Administrative Leave issued under Canon IV.7;

And be it further

Resolved, That Canon IV.14.8 is hereby amended to add a new subsection (c), to read as follows:

c. Following the receipt from the Court of Review of a notice of determination of an appeal of an Order, other than a dismissal of the matter or a direction granting a new hearing, the Bishop Diocesan shall then pronounce Sentence not sooner than twenty-five days following the receipt of the notice of determination of the appeal and not later than forty days following such receipt.

And be it further

Resolved, That Canon IV.14.12 is hereby amended to read as follows:

Sec. 12. If there has been no objection by the Respondent or the Church Attorney to the Order(s), notice of Notice of all Sentences pronounced pursuant to Accords and Orders which have become effective shall be given without delay as follows:

a. In the case of any Accord or Order pertaining to a Priest or Deacon, the Bishop Diocesan shall give notice of the Accord or Order Sentence to every Member of the Clergy in the Diocese, each Vestry in the Diocese, the Secretary of Convention, and the Standing Committee of the Diocese, which shall be added to the official records of the Diocese; to the Presiding Bishop, to all other Bishops of the Church, and where there is no Bishop, to the Ecclesiastical Authority of each Diocese of the Church; to the President of the House of Deputies; to the Recorder of Ordinations; to the Archives; to the Secretary of the House of Bishops and the Secretary of the House of Deputies; and to the Office of for Transition Ministry, which shall insert a copy of the notice of Accord or Order, Sentence on the Respondent’s OTM Portfolio.

b. In the case of any Accord or Order pertaining to a Bishop, the Presiding Bishop president of the Disciplinary Board for Bishops shall give notice of the Accord or Order Sentence to the Presiding Bishop, to all other Bishops of the Church, and where there is no Bishop, to the Ecclesiastical Authority of every Diocese of the Church, to the President of the House of Deputies, to the Recorder of Ordinations, to the Archives, to the Secretary of the House of Bishops and the Secretary of the House of Deputies, to all Archbishops and Metropolitans, to all Presiding Bishops of Churches in full communion with this Church, and to the Office of for Transition Ministry, which shall insert a copy of the notice of Order or Accord, Sentence on the Respondent’s OTM Portfolio.

c. All notices given pursuant to this Canon shall reference the Canon(s), section(s) and subsection(s) specifying the Offense which is the subject of the Accord or Order. In addition to setting forth the Sentence pronounced, the notice shall set forth any other terms of the Accord or Order that are accepted by the Bishop Diocesan or the president of the Disciplinary Board for Bishops which place restrictions upon the exercise of the ministry of the Member of the Clergy.

d. Similar notice shall be given whenever there is any modification or remission of any Order Sentence for which notice has previously been given pursuant to this Canon.

And be it further

Resolved, That Canon IV.17.6 is hereby amended to read as follows:

Sec. 6. The provisions of Canons IV.14.1.d and IV.14.6.c pertaining to recommendations that a Respondent be admonished or suspended or deposed from ministry shall not apply where the Respondent is a Bishop. Where the Respondent is a Bishop, an Accord or Order may provide for the admonishment, suspension, or deposition of the Respondent. In such event, the Sentence of admonishment, suspension, or deposition, together with such other terms as may be contained in the Accord or Order, shall be pronounced by the president of the Disciplinary Board for Bishops. The president shall have no discretion to decline to pronounce the Sentence or to pronounce a lesser Sentence. Where an Accord provides for the admonishment, suspension, or deposition of a Respondent who is a Bishop, the president shall pronounce Sentence within thirty days after the date on which the Conciliator or the president signs the Accord. Where an Order provides for the admonishment, suspension, or deposition of a Respondent who is a Bishop, the president shall pronounce Sentence not sooner than forty days following the issuance of the Order and not later than sixty days following the issuance of the Order. Notwithstanding anything in this section to the contrary, no Sentence shall be pronounced while an appeal of the matter is pending. However, the president may, while an appeal is pending, place restrictions upon the exercise of the Respondent's ministry, or place the Respondent on Administrative Leave, or continue any such restriction or Administrative Leave as was in effect at the time of the issuance of the Order. Following the receipt from the Court of Review for Bishops of a notice of determination of an appeal of an Order, other than a dismissal of the matter or a direction granting a new hearing, the president shall then pronounce Sentence not sooner than twenty-five days following the receipt of the notice of determination of the appeal and not later than forty days following such receipt.

And be it further

Resolved, That Canon IV.18 is hereby amended to read as follows:

CANON 18: Of Modification and Remission of Orders Sentences

Sec. 1. Any Member of the Clergy who is the subject of an Order which has become effective a Sentence may apply to the Bishop Diocesan of the Diocese from which the Order Sentence issued, or the Presiding Bishop in the case of a Bishop, for modification or remission of the Order Sentence. If the Bishop is satisfied that sufficient reasons exist for granting the modification or remission sought, in whole or in part, the procedures provided in this Canon for modification or remission shall apply.

Sec. 2. In the case of an Order a Sentence pertaining to a Priest or Deacon, any provision of any Order Sentence other than a provision recommending Sentence of deposition of the Priest or Deacon may be modified or remitted by the Bishop Diocesan of the Diocese from which the Order Sentence issued with the advice and consent of two-thirds of the members of the Disciplinary Board.

Sec. 3. In the case of a Sentence of deposition of a Priest or Deacon pursuant to an Order, such deposition may be remitted and terminated by the Bishop Diocesan of the Diocese from which the Order Sentence issued only upon the following conditions: a. the remission shall be done with the advice and consent of two-thirds of the members of the Disciplinary Board of the Diocese from which the Order Sentence issued; b. the proposed remission, with the reasons therefor, shall be submitted to the judgment of five of the Bishops Diocesan whose Dioceses are nearest to the Diocese from which the Order Sentence issued, and the Bishop Diocesan shall receive in writing from at least four of those Bishops their approval of the remission and their consent thereto; c. if the person deposed maintains legal residence or canonical residence in a Diocese other than the Diocese from which the Order Sentence issued, the proposed remission, with the reasons therefor, shall be submitted to the judgment of the Bishop(s) Diocesan of the Diocese(s) of legal and canonical residence and such Bishop(s) shall give his or her (or their) written approval of the remission and consent thereto; and d. before such remission, the Bishop Diocesan shall require the person deposed, who desires to be restored to the ordained ministry, to subscribe to the declaration required in Article VIII of the Constitution.

Sec. 4. In the case of an Order a Sentence pertaining to a Bishop, any provision of the Order Sentence may be modified or remitted by the president of the Disciplinary Board for Bishops with the advice and consent of a majority of the members of the Board and the Bishops who are then serving on the Court of Review.

Sec. 5. In the case of any Order deposing deposition of a Member of the Clergy for abandoning the Church, no application for remission shall be received by the Bishop Diocesan until the deposed person has lived in lay communion with the Church for not less than one year next preceding application for the remission.

Sec. 6. No Order Sentence may be modified or remitted unless the Member of the Clergy, the Church Attorney and each Complainant have been afforded sufficient opportunity to be heard by the Disciplinary Board, or the Disciplinary Board together with the Bishops who are then serving on the Court of Review, as the case may be, as to why the proposed modification or remission should or should not be permitted.

And be it further

Resolved, That Canon IV.19.3 is hereby amended to read as follows:

Sec. 3. No secular court shall have authority to review, annul, reverse, restrain or otherwise delay any proceeding under this Title. No action shall be brought in any secular court to enforce the terms or provisions of any Accord or Order or Sentence unless otherwise expressly provided therein.

And be it further

Resolved, That Canon IV.19.10.f is hereby amended to read as follows:

Sec. 10.f The reasonable costs and expenses of providing Advisors made available by the Bishop Diocesan shall be the obligation of the Diocese in which the matter of Discipline is proceeding unless otherwise provided in a Sentence implementing an Accord or Order. The reasonable costs and expenses of providing Advisors chosen by the Respondent or Complainant and not made available by the Bishop Diocesan shall be the obligation of such Respondent or Complainant unless otherwise provided in a Sentence implementing an Accord or Order.

And be it further

Resolved, That the first sentence of Canon IV.19.23 is hereby amended to read as follows:

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

And be it further

Resolved, That Canon IV.19.26 is hereby amended to read as follows:

Sec. 26. Wherever in this Title it is provided that any communication, deliberation, investigation or proceeding shall be confidential, no person having knowledge or possession of confidential information derived from any such communication, deliberation, investigation or proceeding shall disclose the same except as provided in this Title, in any Accord or Order or a Sentence pursuant to such Accord or Order, or as required by any applicable law.

And be it further

Resolved, That Canon IV.19.30.b is hereby amended to read as follows:

b. The Bishop Diocesan shall:

1. promptly deliver to The Archives of the Episcopal Church a copy of any Accord or Order which has become effective and any Sentence pronounced thereon and a record of any action of remission or modification of any Order Sentence, and

2. provide for the permanent preservation of copies of all Accords and Orders and Sentences by means which permit the identification and location of each such copy by the name of the Member of the Clergy who is the subject thereof.

And be it further

Resolved, That Canon V.4.1.a.2 is hereby amended to read as follows:

Sec. 1.a.2 upon any restriction on exercise of ministry;, placement on Administrative Leave;, or pronouncement of a Sentence of admonition, suspension, or deposition pursuant to entry of an Order or Accord, which Order or Accord includes a Sentence of Admonition, Suspension, or Deposition of upon a Member of the Clergy then serving on the body;