Diocese of New Jersey | Constitution and Canons

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.

CANON 67 [Repealed effective July 1, 2011]

Diocesan Review Committee

SECTION 1. There shall be a Diocesan Review Committee for the Diocese consisting of four lay persons and five clergy persons each to be elected for staggered three-year terms by the Convention of the Diocese, to have such responsibilities as may be provided for by canon, including the responsibilities set forth in National Canon IV.3. Clergy members of the Diocesan Review Committee must be presbyters or deacons who are canonically resident in the Diocese. Lay members must be adult confirmed communicants in good standing of a congregation in the Diocese. Members completing their terms are eligible for reelection. No Chancellor or Vice Chancellor, member of the Standing Committee, or member or alternate member the Trial Court, or any attorney affiliated in the practice of law with any of these persons, shall be eligible to serve as a member of the Diocesan Review Committee. Any vacancy caused by reason of death, incapacity, resignation, or any disqualification under National Canon IV.14.13 must be promptly filled by the Standing Committee of the Diocese from a qualified person of the same order, to serve until the next meeting of the Convention, at which time an election will take place to fill the balance of any unexpired term together with the election of full-term members.

SECTION 2. Following each annual meeting of the Convention, the senior member of the Diocesan Review Committee by reason of service on the Committee (or in the case of two members with equal service, the one elected with the most votes), shall act as a convener to call a meeting of the Committee to be held within two months after the close of Convention. At this meeting, the Diocesan Review Committee shall elect a President and a Secretary from among its members, each to serve until a successor is elected. Whenever a vacancy thereafter occurs in the office of President or Secretary, the remaining members of the Diocesan Review Committee shall promptly convene at the call of the then senior member of the Committee and elect from among their number a successor to serve for the remainder of the unexpired term.

CANON 68 [Effective July 1, 2011]

Ecclesiastical Discipline

SECTION 1. Terminology. Capitalized terms used in this Canon shall have the meanings assigned to them in Title IV of the Canons of The Episcopal Church.

SECTION 2. Disciplinary Board. There shall be in the Diocese of New Jersey a Disciplinary Board, to 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 Disciplinary Board for one-year terms and as alternate members of the Disciplinary Board for two-year terms following the completion of their one-year terms as members of the Disciplinary Board. Each year at the annual Diocesan Convention, and whenever a vacancy occurs in the office of president of the Disciplinary Board, the Ecclesiastical Authority shall appoint one of the newly-elected members of the Disciplinary Board to act as a convener until the Disciplinary Board elects a President.

(b) No one shall be eligible for reelection to the Disciplinary Board until completing both the one-year term as a member and the two-year term as an alternate member.

(c) Clergy members of the Disciplinary Board 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. No person specified in the first sentence of Canon IV.5.3(c), nor any person affiliated in the practice of law or otherwise with any of such persons, shall be eligible to serve as a member of the Disciplinary Board.

(d) Vacancies in the Disciplinary Board due to death, disability, resignation, declination to serve, ordination, the removal of a member from the Diocese, or any other vacancy, shall be filled in the following manner. When the president of the Disciplinary Board becomes aware of a vacancy, the president shall forthwith convene the Disciplinary Board. The vacancy shall be filled by drawing lots from among those alternate members of the Disciplinary Board 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.

(e) The President of the Disciplinary Board shall appoint members of the Board to Conference Panels and Hearing Panels, in his or her discretion or by lot, upon the referral of an intake report to the Reference Panel.

SECTION 3. Officers of the Disciplinary Board. At the initial meeting convened following the annual Diocesan Convention, the Disciplinary Board shall elect a clerk, who may but need not be a member of the Board, as well as a president, who must be a member of the Board. In the event of a vacancy in either office, the president or if there is no president the convener shall forthwith convene the Disciplinary Board to fill the vacancy by election.

SECTION 4. Church Attorneys. (a) A Church Attorney shall be elected annually by the Diocesan Convention to serve for a one-year term, and he or she may stand for reelection. The Standing Committee may appoint additional Church Attorneys as necessary. Any remuneration to a Church Attorney must be pursuant to a written retainer agreement approved by the Diocesan Council. Any Church Attorney must be an adult confirmed communicant in good standing of a congregation in the Diocese and member in good standing of the Bar of the State of New Jersey. No Chancellor, Vice Chancellor, Advisor, Conciliator, Intake Officer, or Investigator, nor any person affiliated in the practice of law or otherwise with any of such persons, shall be eligible to serve as a Church Attorney.

(b) Any Church Attorney may be removed from office for cause by the Standing Committee after the Church Attorney has had an opportunity to be heard by the Standing Committee.

(c) A vacancy in the office of Church Attorney shall be filled by the Standing Committee until the next annual meeting of the Convention.

SECTION 5. Intake Officer. (a) An Intake Officer shall be elected annually by the Diocesan Convention to serve for a one-year term, and he or she may stand for reelection.

(b) The Intake Officer may be removed from office for cause by the Standing Committee after the Intake Officer has had an opportunity to be heard by the Standing Committee.

(c) A vacancy in the office of Intake Officer shall be filled by the Standing Committee until the next annual meeting of the Convention.

SECTION 6. Investigators. (a) The Bishop shall after consultation with the president of the Disciplinary Board appoint one or more Investigators annually at the Diocesan Convention to serve for a one-year term. An Investigator may be reappointed at the end of his or her term.

(b) Any Investigator may be removed from office for cause by the Church Attorney.

(c) A vacancy in the office of Investigator shall be filled by appointment by the Bishop after consultation with the president of the Disciplinary Board, to serve until the next annual meeting of the Convention.

SECTION 7. Advisors and Conciliators. The Ecclesiastical Authority shall at all times provide for the designation of at least two qualified Advisors and at least one qualified Conciliator to be available for appointment by the Bishop as needed.

SECTION 8. Extension of Terms of Office. The term of office of any member of a Reference Panel whose original term expires while a matter is pending before that Panel shall be extended until the matter is referred by that Panel or the Panel decides to take no action other than an appropriate pastoral response. The term of office of any member of a Conference Panel whose original term expires while a matter is pending before that Panel shall be extended until thirty days after the entry of an Accord or Order by that Panel. The term of office of any member of a Hearing Panel whose original term expires while a matter is pending before that Panel shall be extended until forty days after the entry of an Order by that Panel. The term of office of an Investigator whose original term expires while a matter is pending before him or her shall be extended until the delivery to the Reference Panel of his or her report of findings and any supplemental report. The term of office of a Church Attorney whose original term expires while a matter is pending before him or her shall be extended until forty days after the entry of an Order by the Hearing Panel, unless earlier removed.

SECTION 9. Expenses. (a) The necessary charges and expenses of the Disciplinary Board 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 president of the Disciplinary Board.

(b) Each 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 Church Attorney per matter. In addition, the Diocese shall be responsible for reimbursing the reasonable and necessary disbursements and expenses incurred by the Church Attorney.

(c) 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, inclusive of disbursements, for each matter.

(d) In obtaining legal counsel pursuant to the provisions of Canon IV.19.22, any Hearing Panel shall not be required to follow the procedures set forth in Canon 26, but the services of any attorney must be at a rate not to exceed the customary prevailing rate for legal services of comparable attorneys in the State of New Jersey and must be pursuant to a written retainer agreement previously approved by the Diocesan Council.

CANONS 69 and 70 RESERVED

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