A103 Amend Canon III.11.8
Resolved, the House of ________________ concurring,
That Canon III.11.8 is hereby amended 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.>
III.11.8
a. Within ten days after the election of a Bishop Diocesan, a Bishop Coadjutor, or a Bishop Suffragan by a Diocesan Convention, delegates constituting no less than ten percent of the number of delegates casting votes on the final ballot may file with the Secretary of the Convention written objections to the election process, setting forth in detail all alleged irregularities. Within ten days after receipt thereof, the Secretary of the Convention shall forward copies of the same to the Bishop Diocesan, the Chancellor and Standing Committee of the Diocese, and to the Presiding Bishop, who shall request the Court of Review to investigate the complaint. At its sole discretion, the Court may use an investigator of its choosing. The Court of Review may invite response by the Bishop Diocesan, the Chancellor, the Standing Committee and any other persons within the Diocese for which the Bishop was elected. The Court may provide for a pastoral response to any affected parties, as it deems appropriate. Within 45 60 days after receipt of the request, the Court of Review shall send a written report of its findings to the Presiding Bishop, a copy of which report the Presiding Bishop, within fifteen days, shall cause to be sent to the Bishop Diocesan, the Chancellor, the Standing Committee and the Secretary of the Convention of the electing Diocese. The Secretary shall send a copy of the report to each of the delegates who filed objection to the election process.
b. The report of the Court of Review shall be sent to the Standing Committees of the several Dioceses, with the Certificate of the Secretary of the electing Convention relating to consent to ordain. Likewise, the Presiding Bishop shall include the report in the communication to the Bishops exercising jurisdiction. The 120 day period for Standing Committees and Bishops to consent to the election begins with these communications.
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<Proposed amended resolution text showing exact changes being made:>
III.11.8
a. Within ten days after the election of a Bishop Diocesan, a Bishop Coadjutor, or a Bishop Suffragan by a Diocesan Convention, delegates constituting no less than ten percent of the number of delegates casting votes on the final ballot may file with the Secretary of the Convention written objections to the election process, setting forth in detail all alleged irregularities. Within ten days after receipt thereof, the Secretary of the Convention shall forward copies of the same to the Bishop Diocesan, the Chancellor and Standing Committee of the Diocese, and to the Presiding Bishop, who shall request the Court of Review to investigate the complaint. At its sole discretion, the Court may use an investigator of its choosing. The Court of Review may invite response by the Bishop Diocesan, the Chancellor, the Standing Committee and any other persons within the Diocese for which the Bishop was elected. The Court may provide for a pastoral response to any affected parties, as it deems appropriate. Within 45 60 days after receipt of the request, the Court of Review shall send a written report of its findings to the Presiding Bishop, a copy of which report the Presiding Bishop, within fifteen days, shall cause to be sent to the Bishop Diocesan, the Chancellor, the Standing Committee and the Secretary of the Convention of the electing Diocese. The Secretary shall send a copy of the report to each of the delegates who filed objection to the election process.
b. The report of the Court of Review shall be sent to the Standing Committees of the several Dioceses, with the Certificate of the Secretary of the electing Convention relating to consent to ordain. Likewise, the Presiding Bishop shall include the report in the communication to the Bishops exercising jurisdiction. The 120 day period for Standing Committees and Bishops to consent to the election begins with these communications.
Explanation
This proposed amendment makes three changes to the work of the Court of Review in conducting investigations when an episcopal election is challenged by members of an electing convention. Since its inception, the Court of Review has conducted three episcopal election investigations pursuant to Title III. In each matter, the time frame needed to complete the necessary investigation and finalize the report was difficult to meet. The first change empowers the Court of Review to use an investigator of its own choosing to help it more expeditiously and professionally complete its work. The second change increases to 60 days the time period for completing the required work. The third change authorizes the Court to provide for pastoral response to parties impacted by its investigation. At present, no one within The Episcopal Church is canonically empowered to provide such pastoral care, and, given the nature of these proceedings, it may well be impossible and/or inappropriate for either the electing Diocese or members of the Court itself to provide such pastoral care. This change would enable the Court to make provision for such pastoral care to parties affected by its Title III work.