Canons
of the Episcopal Diocese of New Jersey:
Part V
Persons Repelled from the Holy Communion
SECTION 1. When the minister repels a person from the Holy Communion, the minister shall give to the person so repelled a previous written notice of the fact and cause of the repulsion, and also of the person’s right to make an appeal to the Bishop.
SECTION 2. If the person thus repelled from the Holy Communion appeals to the Bishop, and is not restored by the Bishop, the Bishop may, and if the person repelled demands it, shall appoint one Presbyter and two lay persons, who shall make inquiry into the truth of the facts alleged, and shall report thereof, with their opinion thereon, to the Bishop, who may or may not restore the person as the Bishop may deem proper.
SECTION 3. If no appeal be made, or the Commission of Inquiry sustain the repulsion, and the Bishop approve the action of the minister, the Bishop shall give a written or printed affirmation of the repulsion to the minister, and also to the person who has been repelled, and to the Rector of every Parish in the Diocese; and in like manner, if the Bishop restore the person, the Bishop shall give notice of the same in writing to the minister, the person restored, and to the Rector of every Parish in the Diocese.
CANON 64 RESERVED
Of the Dissolution of the Pastoral Relation
SECTION 1. Except upon mandatory resignation by reason of age, a Rector may not resign as Rector of a parish without the consent of its Vestry, nor may any Rector canonically or lawfully elected and in charge of a Parish be removed therefrom by the Vestry against the Rector's will, except as hereinafter provided.
SECTION 2. If for any urgent reason a Rector or Vestry desires a dissolution of the pastoral relation, and the parties cannot agree, either party may give notice in writing to the Ecclesiastical Authority of the Diocese. Whenever the Standing Committee is the Ecclesiastical Authority of the Diocese, it shall request the Bishop of another Diocese to perform the duties of the Bishop under this Canon.
SECTION 3. Within sixty days of receipt of the written notice the Bishop, as chief pastor of the Diocese, shall mediate the differences between Rector and Vestry in every informal way which the Bishop deems proper and may appoint a committee of at least one Presbyter and one lay person, none of whom may be members of the Parish involved, to make a report to the Bishop.
SECTION 4. If the differences between the parties are not resolved after completion of the mediation, the Bishop shall proceed as follows:
(a) The Bishop shall give notice to the Rector and Vestry that a godly judgment will be rendered in the matter after consultation with the Standing Committee and that either party has the right within ten days to request in writing an opportunity to confer with the Standing Committee before it consults with the Bishop.
(b) If a timely request is made, the President of the Standing Committee shall set a date for the conference, which shall be held within thirty days.
(c) At the conference each party shall be entitled to representation and to present its position fully.
(d) Within thirty days after the conference or after the Bishop's notice if no conference is requested, the Bishop shall confer with and receive the recommendation of the Standing Committee; thereafter the Bishop, as final arbiter and judge, shall render a godly judgment.
(e) Upon the request of either party the Bishop shall explain the reasons for the judgment. If the explanation is in writing, copies shall be delivered to both parties.
(f) If the pastoral relation is to be continued, the Bishop shall require the parties to agree on definitions of responsibility and accountability for the Rector and the Vestry.
(g) If the relation is to be dissolved:
(1) The Bishop shall direct the Secretary of the Convention to record the dissolution.
(2) The judgment shall include such terms and conditions including financial settlements as shall seem to the Bishop just and compassionate.
SECTION 5. In either event the Bishop shall offer appropriate supportive services to the Priest and the Parish.
SECTION 6. In the event of the failure or refusal of either party to comply with the terms of the judgment, the Bishop may impose such penalties as may be set forth in the Constitution and Canons of the Diocese; and in default of any provisions for such penalties therein, the Bishop may act as follows:
(a) In the case of a Rector, suspend the Rector from the exercise of the priestly office until the Priest shall comply with the judgment.
(b) In the case of a Vestry, invoke any available sanctions including recommending to the Convention of the Diocese that the Parish be placed under the supervision of the Bishop as a Mission until it has complied with the judgment.
SECTION 7. For cause, the Bishop may extend the time periods specified in this canon, provided that all be done to expedite these proceedings. All parties shall be notified in writing of the length of any extension.
SECTION 8.
(a) Statements made during the course of the proceedings under this canon are not discoverable nor admissible in any proceedings under Title IV provided that this does not require the exclusion of evidence in any proceeding under the canons which is otherwise discoverable and admissible.
(b) In the course of proceedings under this canon, if a charge is made by the Vestry against the Rector that could give rise to a disciplinary proceeding under Canon IV.1, all proceedings under this canon shall be suspended until the charge has been resolved or withdrawn.
SECTION 9. Nothing in this canon shall preclude the Bishop from initiating the Bishop’s own inquiry should the Bishop become aware of differences in a Parish.
Ecclesiastical Court for the Trial of a Priest or Deacon
SECTION 1. Implements Canons of the Episcopal Church
This canon is adopted in accordance with the provisions of Title IV, Canon 4, Section 1 of the Canons of the Episcopal Church.
In this canon, all citations refer to the New Title IV Canons adopted by the General Convention in 1994 that became effective January 1, 1996.
Those portions of Title IV: Canon 4, Canon 14, Canon 15, and Appendix A pertaining to Diocesan Courts for the Trial of a Priest or Deacon, that became effective on January 1, 1996, and as they are subsequently amended by the General Convention, are hereby incorporated into and made a part of the Canons of the Diocese of New Jersey.
SECTION 2. The Trial Court
There shall be in the Diocese of New Jersey an Ecclesiastical Court for the Trial of any Priest or Deacon subject to its jurisdiction, hereinafter referred to as the Trial Court. The Trial Court shall consist of three lay persons and four priests or deacons chosen in the following manner.
(a) The annual Diocesan Convention shall elect each year three lay persons and four members of the clergy who shall serve as members of the Trial Court for one-year terms and as alternate members of the Trial Court for two-year terms following the completion of their one-year terms as members of the Trial Court.
(b) No one shall be eligible for reelection to the Trial Court until completing both the one-year term as a member and the two-year term as an alternate member.
(c) Clergy members of the Trial Court shall be priests or deacons who have been canonically resident in the Diocese for at least three-years. Lay members shall be adult confirmed communicants in good standing of a congregation in the Diocese.
(d) The first year this canon goes into effect the Convention shall elect, in addition to the four clergy members and three lay members of the Trial Court, four members of the clergy and three lay persons to serve as alternate members of the Trial Court for terms of two years. They shall meet the same qualifications as provided for in paragraph (b) above.
SECTION 3. Vacancies
Vacancies in the Trial Court due to death, disability, resignation, declination to serve, and ordination as provided for in Title IV, Canon 4, Sections 4, 5, and 6 of the Canons of the Episcopal Church, and vacancies caused by the removal of a member from the Diocese, and vacancies caused in any other way shall be filled in the following manner. When the Presiding Judge becomes aware of a vacancy the Presiding Judge shall forthwith convene the Trial Court. The vacancy shall be filled by drawing lots from among those alternate members of the Trial Court who are of the same order in which the vacancy has occurred. The alternate so chosen shall fill the vacant office for the remainder of the unexpired term, and having completed that term, shall then complete any balance remaining in his or her term as an alternate.
SECTION 4. Presiding Judge
The Trial Court shall elect a Presiding Judge from among its members to serve for a term of one year. The election shall be held within two months after the Diocesan Convention. Whenever a vacancy occurs in the office of Presiding Judge, the remaining members of the Trial Court shall elect from among their number a Presiding Judge who shall serve for the remainder of the unexpired term. After the election the Trial Court shall fill the vacancy in the Trial Court in the manner provided in Section 3, above.
Each year at the annual meeting of the Convention, and whenever a vacancy occurs in the office of Presiding Judge, the Ecclesiastical Authority shall appoint one of the newly-elected members of the Trial Court to act as a convener until the Trial Court elects a Presiding Judge.
SECTION 5. Church Attorney
A Church Attorney shall be elected annually by the Diocesan Convention to serve for a one-year term. The Church Attorney shall be an adult confirmed communicant in good standing of congregation in the Diocese and member of the Bar of the State of New Jersey. A vacancy in the office of Church Attorney shall be filled by the Standing Committee until the next annual meeting of the Convention.
If the Church Attorney is not available to appear on behalf of the Standing Committee in a case, the Church Attorney may, with the approval of the Standing Committee, appoint an Assistant Church Attorney to appear in that case.
SECTION 6. Eligibility
No Chancellor or Vice Chancellor shall be eligible to serve as a Church Attorney, Lay Assessor, or member of the Trial Court. No member of the Standing Committee shall be eligible to serve as a Church Attorney, Lay Assessor, or member of the Trial Court. No attorney affiliated in the
practice of law with a Chancellor, Vice Chancellor, or member of the Standing Committee shall be eligible to serve as a Church Attorney, Lay Assessor or member of the Trial Court.
SECTION 7. Tenure
When a Presentment is issued by the Standing Committee in accordance with the provisions of Title IV, Canon 3, Section 16 of the Canons of the Episcopal Church, those members and alternate members of the Trial Court, the Presiding Judge of the Trial Court, and the Church Attorney who hold office on the day when the Presentment is dated shall continue in their respective offices, subject to the provisions of Section 9 of this canon, for the purposes of that trial, sentencing, and appeal to the Court of Review, if any, until the case is resolved; Provided, however, that if the Court of Review grants a new trial, the case shall be referred to the Trial Court and Church Attorney who hold office on the day when the Judgment or the Order of the Court of Review is dated.
SECTION 8. Appointment of Staff
When the Presiding Judge receives a Presentment from the Standing Committee, the Presiding Judge shall convene the Court forthwith for the purpose of filling vacancies and appointing staff. If there are any vacancies in the Trial Court they shall be filled in the manner provided in Section 3 of this canon. The Trial Court shall appoint a Clerk, Assistant Clerks, a Recorder, and Lay Assessors in accordance with the provisions of Title IV, Canon 4, Sections 11, 12 and 13 of the Canons of the Episcopal Church.
SECTION 9. Challenges
The Presiding Judge shall convene the Court for the purpose of hearing challenges. Due notice of the Hearing shall be given to the Church Attorney and the Respondent, together with a list of the names and addresses of the members and alternate members of the Trial Court.
(a) The Trial Court shall first determine whether any members of the Trial Court should be disqualified and excused from service in accordance with the provisions of Title IV, Canon 14, Section 11 of the Canons of the Episcopal Church. Vacancies created by members being excused from service in this manner shall be filled by drawing lots from among those alternate members who are of the same order in which the vacancy has occurred. Alternates so chosen shall serve as members of the Trial Court only for the case pending before the Trial Court; Provided, however, that they shall be subject to disqualification and challenge in accordance with the provisions of this Section.
The Trial Court shall adjourn until all vacancies have been filled and the new members have taken their places on the Trial Court.
(b) When all vacancies caused by disqualification have been filled, the full Trial Court shall reconvene to consider challenges for cause. The Church Attorney and the Respondent shall be entitled to question all members of the Trial Court to determine their impartiality and fitness to serve. The questioning shall be conducted in a manner determined by the Presiding Judge. Members of the Trial Court may be challenged by the Church Attorney or the Respondent for cause stated to the Trial Court. The members of the Trial Court who are not challenged shall determine the relevancy and validity of challenges for cause. Vacancies caused by challenges sustained by the Trial Court shall be filled by drawing lots from among those alternate members who are of the same order in which the vacancy has occurred. Alternates so chosen shall serve as members of the Trial Court only for the case pending before the Trial Court; Provided, however, that they shall be subject to disqualification and challenge in accordance with the provisions of this Section.
(c) When the Trial Court has finished considering challenges for cause and all vacancies have been filled, the Church Attorney and the Respondent shall each be entitled to challenge one member of the Trial Court without stating a cause. If a member of the Trial Court is excused pursuant to this section, the vacancy shall be filled by drawing lots in the manner provided for in paragraph (b) of this section. Any member who fills such a vacancy shall be subject to challenge for cause and any remaining challenge without cause.
(d) If the pool of alternate members is exhausted before all vacancies on the Trial Court are filled, the remaining vacancies shall be filled by majority vote of the Trial Court from persons otherwise qualified for election to the Trial Court under this canon.
(e) The Trial Court may adjourn the Hearing from time to time in order to permit new members to take their places on the Trial Court.
SECTION 10. Presiding Judge
If the Presiding Judge is excused from service because of disqualification or a challenge for cause sustained by the Trial Court or a peremptory challenge, the vacancy shall be filled in the manner set forth in Section 4 of this canon; Provided, however, that the Presiding Judge so selected shall serve only for the case pending before the Trial Court.
SECTION 11. Trial
The Trial Court shall adjudicate the case in accordance with the Canons of the Episcopal Church and the Canons of the Diocese of New Jersey.
(a) The Presiding Judge of the Trial Court shall cause a citation giving notice of the trial to be served on the Church Attorney and the Respondent in the manner provided in Title IV, Canon 14, Section 17 of the Canons of the Episcopal Church. The citation shall notice the trial for a date not less than 60 days from the date the citation is served on the Respondent. If all parties agree in writing the trial may begin at an earlier date.
(b) The Respondent shall be entitled to the right of reasonable adjournment.
(c ) The Trial Court shall have the power to establish rules and procedures for the conduct of cases in matters not covered by the applicable Federal Rules of Civil Procedure or the Canons of the Episcopal Church or the Canons of the Diocese of New Jersey.
(d) The Trial Court shall hear evidence within the shortest convenient time frame and from day to day if possible.
(e) All members of the Trial Court shall be present when testimony is heard.
(f) The members of the Trial Court may examine the witnesses.
(g) The Church Attorney shall act with the single eye to eliciting the truth and shall be as much bound to protect the interest of the Respondent as those of the Church when eliciting the truth.
SECTION 12. Expenses
The necessary charges and expenses of the Trial Court shall be a charge upon the Diocese and shall be paid by the Treasurer of the Diocese from the Diocesan Budget Account upon the order of the Presiding Judge.
The Church Attorney shall be compensated for services at a rate set in a written retainer agreement between the Church Attorney and the Diocese, not to exceed the customary prevailing rate for legal services of comparable attorneys in the State of New Jersey, and further shall not exceed the sum of $30,000 for each Presentment. In addition, the Diocese shall be responsible for reimbursing the reasonable and necessary disbursements and expenses incurred by the Church Attorney. This shall apply both to services rendered in connection with a trial and to other duties performed by the Church Attorney as set forth in the Canons of the Episcopal Church.
Every year in April the Court, the Standing Committee, and the Diocesan Council shall each appoint an Attorney-at-Law of New Jersey to form a review committee to advise the Diocesan Council as to the reasonableness of all requested disbursements and expenses for the Church Attorney and the Respondent. The Diocesan Council shall consider the report of the review committee before determining whether such disbursements or expenses shall be paid.
Any Assistant Church Attorneys who may be appointed to handle other Presentments when the Church Attorney is unavailable shall be compensated in the same manner and subject to the same limitations as the Church Attorney in accordance with a written agreement between the Standing Committee and the Assistant Church Attorney.
The reasonable and necessary expenses of the Respondent and the Respondent's counsel shall be a charge upon the Diocese and shall be paid by the Treasurer of the Diocese from the Diocesan Budget Account. Counsel for the Respondent shall be compensated by the Diocese for his or her services at a rate not to exceed the customary prevailing rate for legal services of comparable attorneys in the State of New Jersey, and further shall not exceed the sum of $30,000 for each Presentment.