Court of Review
Mandate
2022 - Canon IV.5.4
Sec. 4. There shall be a court known as the Court of Review, with jurisdiction to receive and determine appeals from Hearing Panels of Dioceses as provided in Canon IV.15 and to determine venue issues as provided in Canon IV.19.5.c.
a. The Court of Review consists of: i. Three Bishops; six Members of the Clergy, who must include at least two Priests and at least two Deacons; and six lay persons; and ii. one Bishop, one Priest or Deacon, and one lay person to serve as alternates as provided in this Section.
b. The Joint Standing Committee on Nominations will nominate a slate of Clergy and lay persons for election to the Court of Review, in accordance with the Joint Standing Committee on Nominations’ canonical charge and procedures and guided by the skill sets needed for effective service on the Court of Review. The Joint Standing Committee on Nomination may but need not nominate more persons than there are vacancies. The Clergy and lay nominees for the Court of Review may but need not be Deputies to General Convention. The Joint Standing Committee on Nominations must create a description of the skills, gifts, and experience requisite for service on the Court of Review, after consultation with the Court, including the value of cultural and geographic diversity on the Court and the value of including historically underrepresented voices in the governance of the Church.
c. The Bishop members and Bishop alternate members on the Court of Review will be nominated by the Presiding Bishop after consultation with the Joint Standing Committee on Nominations, and then elected by the House of Bishops at a regular meeting of the General Convention.
d. The Clergy and lay members and alternates on the Court of Review will be elected by the House of Deputies at a regular meeting of the General Convention.
1. Except for a member filling a vacancy, the term of office of a member of the Court of Review begins at the adjournment of the regular meeting of the General Convention at which the member was elected and expires on the adjournment of the second regular meeting of the General Convention following
2. Members of the Court of Review will serve staggered terms of office such that the terms of half of the members expire at each regular meeting of the General Convention. The Joint Standing Committee on Nominations must make its nominations in a manner that supports this staggering of terms
3. Any member who has served 12 or more consecutive years will be ineligible for reelection to the Court of Review until the next regular meeting of the General Convention following the one at which the member was ineligible for reelection to the Court of Review. A person’s service as an alternate will not count against these term limitations.
e. The Court of Review must select a President from among its members. The President must be a Priest, Deacon, or lay person.
f. The persons appointed to the Court of Review will continue to serve until their respective successors have been elected, except in case of death, resignation, or declination to serve. Members of the Court of Review who are currently appointed to a Panel will continue to serve until the Panel has completed its work.
g. Whenever a matter is referred to the Court of Review, the President must appoint a Panel for that case consisting of one Bishop, two Members of the Clergy, and two lay persons. No Bishop or Clergy member of the Court of Review may serve in any matter originating from the Diocese in which such Bishop or Clergy member is canonically resident or is then currently licensed to serve, and no lay member may serve in a matter originating from the Diocese of the lay member’s primary residence or a Diocese in which the lay member is then currently active. In such event, the President shall appoint another member of the Court from the same Order to serve; if no other member is available to serve, the President must appoint an alternate of the same Order to serve.
h. If any member of the Court of Review is excused under Canon IV.5.3.c, or, upon objection made by either party to the appeal, is found by the other members of the Court of Review to be disqualified, an alternate shall serve.
i. In the event of any Court of Review member’s death, resignation, or declination to serve, or disability rendering the member unable to act, and in the further event that no other member of the Court is available to serve, the President of the Court of Review must declare a vacancy on the Court of Review. Notices of resignation or declination to serve must be communicated in writing to the President of the Court of Review
j. Vacancies on the Court of Review must be filled by the President of the House of Deputies for lay and Clergy members and by the Presiding Bishop for Bishop members.
k. The Court of Review must appoint a clerk who may be a member of the Court, who will be custodian of all records and files of the Court of Review, and who will provide administrative services as needed for the functioning of the Court.
l. The rules of procedure for appeals to the Court of Review are as provided in Canon IV.15, but the Court of Review may adopt, alter, or rescind supplemental rules of procedure not inconsistent with the Constitution and Canons of the Church.
m. For good cause shown, the Court of Review may extend any deadline in this Title pertaining to the Court of Review except the time to file a notice of appeal.
2022 - Canon IV.15
Sec. 1. If proceedings before the Hearing Panel are unreasonably delayed or suspended, and are not resumed within sixty days following a written request for resumption of proceedings from the Church Attorney or the Respondent, the Church Attorney or the Respondent may file a written request with the Court of Review for an order directing the Hearing Panel to resume the proceedings. Upon receipt of the request, the President of the Court of Review shall appoint a panel consisting of one bishop, one priest or deacon and one lay person from among the members of the Court of Review. The appointments shall be made within fifteen days of receipt of the request. No person appointed shall be from the Diocese in which the Hearing Panel is sitting. The Court of Review shall consider the request as follows:
a. The person filing the request shall provide copies of the request to the presidents of the Hearing Panel and of the Disciplinary Board. The request shall include a statement of the status of the proceedings and the reason, if known, for the delay or suspension of proceedings, and a description of all actions taken by the person filing the request or by any other person to resolve any impediment to the proceedings or other cause for the delay.
b. Within fifteen days of receipt of the copy of the request, the president of the Hearing Panel shall file a response to the request with the Court of Review, with a copy to the Church Attorney, the Respondent and the president of the Board.
c. The appointed panel of the Court of Review shall convene, either personally, by video conference, or telephonically, to consider the request and the response, if any, from the Hearing Panel. The Court shall then either issue an order directing resumption of the proceedings or an order declining to direct resumption with an explanation of the reasons therefor. The order issued by the Court of Review shall be binding upon the Hearing Panel.
d. In the event a Hearing Panel, having been ordered to resume proceedings, either refuses to do so or is unable to do so, the Church Attorney or the Respondent may request that the Court of Review order the transfer of the proceedings to a Hearing Panel of another Diocese within the same Province, including an order to the Board of the originating Diocese to transmit the complete record of the proceedings to the successor Hearing Panel.
Sec. 2. Within forty days after the Hearing Panel issues an Order, the Respondent or the Church Attorney may appeal to the Court of Review by serving written notice of the appeal upon the Bishop Diocesan with copies of the notice to the president of the Hearing Panel and the president of the Court of Review. The notice of appeal must be signed by the Respondent’s counsel or the Church Attorney, must include a copy of the Order from which the appeal is taken, and must state the grounds of the appeal.
Sec. 3. Any Order from a Hearing Panel finding that the Respondent did not commit an Offense involving a question of the Doctrine, Faith, or Worship of the Church may be appealed by the Bishop Diocesan upon the written request of at least two Bishops Diocesan of other Dioceses within the Province who are not members of the Court of Review. Such an appeal may be taken only on the question of the Church’s Doctrine, Faith, or Worship, and may not seek to reverse the finding of the Hearing Panel that the Respondent did not commit an Offense. The Bishop Diocesan may take an appeal under this section by serving a notice of appeal upon the Respondent, the Church Attorney, the President of the Hearing Panel, and the President of the Court of Review within forty days after the Hearing Panel issues the Order.
Sec. 4. An appeal shall be heard on the record of the Hearing Panel. The record on appeal may be corrected, if defective, but no new evidence shall be taken by the Court of Review.
Sec. 5. The standards for and conditions of appeal to the Court of Review shall be as follows:
a. Where an Order is issued against a Respondent who fails to appear before the Hearing Panel or who otherwise fails to participate in proceedings before the Hearing Panel, such Order shall be upheld unless a review of the record on appeal shows the Hearing Panel made a clear error in issuing such Order. The Court of Review shall review the facts and record in the light most favorable to the Respondent.
b. In all other appeals, the Court of Review shall grant relief to the appealing party only if, on the basis of the record on appeal, it determines that the party seeking review has been substantially prejudiced by any of the following:
1. The action taken below violates the Constitution and Canons of the Church or the Diocese;
2. The Hearing Panel has exceeded the jurisdiction conferred by this Title;
3. The Hearing Panel has not decided all of the issues requiring resolution;
4. The Hearing Panel has erroneously interpreted or applied the Constitutions or Canons of the Church;
5. The Hearing Panel has committed a procedural error or engaged in a decision-making process contrary to this Title;
6. The factual determinations of the Hearing Panel are not supported by substantial evidence when viewed in the whole light of the record on appeal.
Sec. 6. It shall be the duty of the Hearing Panel to produce the record on appeal, consisting of a transcript of the proceedings before the Hearing Panel together with documentary and tangible evidence received by the Hearing Panel. The record shall be printed or otherwise reproduced as authorized by the President of the Court of Review. Within thirty days after receiving the record on appeal from the Hearing Panel, the party appealing shall serve two copies of the record on appeal, the notice of appeal and the appealing party’s brief, if any, upon the opposite party and shall deliver five copies to the President of the Court of Review. Within thirty days after receiving a copy of the record on appeal, the party opposing the appeal shall serve the brief in opposition, if any, upon the appealing party, with five copies to the President of the Court of Review. Any reply brief of the appealing party shall be served likewise within fifteen days following service of the brief in opposition.
Sec. 7. All members and alternates of the Court of Review serving for an appeal shall be present for any oral proceedings of the appeal.
Sec. 8. The Court of Review shall keep a record of all proceedings. The Court of Review shall appoint a reporter who shall provide for the recording of the proceedings and who shall serve at the pleasure of the Court of Review.
Sec. 9. At the hearing of the appeal, the Court of Review shall afford the Respondent and the Church Attorney the opportunity to be heard. The Court of Review may regulate the number of counsel to be heard.
Sec. 10. No Order or determination of a Hearing Panel shall be overturned solely for technical or harmless error.
Sec. 11. If, after a notice of appeal has been filed, the appealing party fails to pursue the appeal as provided in this Canon, the Court of Review may dismiss the appeal.
Sec. 12. As soon as possible, the Court of Review shall make documents available to members of the Church and the Church media as set forth in this Section. The documents shall be disseminated in such a way as to make them broadly known to members of the Church and the Church media. For a matter in which a Priest or Deacon is the Respondent, dissemination shall include, at a minimum, posting the documents on the diocesan website of the diocese that conducted the Hearing Panel proceeding. For a matter in which a Bishop is the Respondent, dissemination shall include, at a minimum, posting the documents on the websites of The Episcopal Church and of the General Convention.
a. The documents covered by this Section are all documents filed with or issued by the Court of Review or by any party or person including but not limited to motions, briefs, affidavits, opinions, objections, decisions, notices, challenges, and Orders, including documents in a proceeding pursuant to Section 1 of this Canon.
b. The notice under Sec. 2 shall be made available no later than ten business days after the notice is received by the President of the Hearing Panel.
c. Notwithstanding the above, the Court of Review, at its discretion and for good cause to protect any Injured Person or allegedly Injured Person, may require the redaction of documents provided for in Sec. 12.a, after consultation with the Church Attorney, the Respondent’s counsel, the Respondent’s Advisor, the Complainant’s Advisor or Complainant’s counsel, if any, and, where appropriate, the Bishop Diocesan.
Sec. 13. If at any time after a matter has been appealed to a Court of Review or is before a Court of Review pursuant to Sec. 1, an Accord is reached that ends the proceedings before the Court of Review issues an Order or issues its decision, the Bishop Diocesan shall make the Notice of Accord available to the Church and Church media as provided in Sec. 12 as well as to the Court of Review and the Hearing Panel from which the appeal was taken or about whom a request was filed pursuant to Sec. 1.
Sec. 14. Following a hearing of the appeal and private deliberation, the Court of Review may (a) dismiss the appeal; (b) reverse or affirm in whole or in part the Order of the Hearing Panel; or (c) grant a new hearing before the Hearing Panel.
Sec. 15. The concurrence of a majority of the Court of Review shall be required to decide an appeal. The Court of Review shall issue its decision in writing, signed by the members concurring therein, stating its decision and the reasons for the decision. The decision shall be attached to the record. If there is not a concurrence by a majority of the Court of Review, the Order of the Hearing Panel shall stand as affirmed except for any part of the Order for which there is concurrence.
Sec. 16. Upon determination of the appeal, the President of the Court of Review shall give notice of the determination in writing to the appealing party, the party in opposition and to the Bishop Diocesan and Church Attorney. The appeal record shall be certified by the clerk of the Court of Review and the president, and shall be delivered to the Bishop Diocesan along with a copy of the record on appeal from the Hearing Panel.
2022 - Canon 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. 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. Within 45 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.