Episcopal Diocese of Albany - Canon XIV: Ecclesiastical Court for the Trial of a Priest or Deacon

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Canon XIV - Ecclesiastical Court for the Trial of a Priest or Deacon

14.1 - National Canons as Standard

The Ecclesiastical Trial Court in the Diocese of Albany shall be established and function in accordance with Title IV of the Canons of the General Convention (CGC) of the Episcopal Church and shall be governed by that Title and the provisions of this Canon.

14.2 - Establishment of the Court

The Ecclesiastical Trial Court shall be established as follows:

14.2.A
The Court shall be composed of nine members, five clerical members, who shall be Priests canonically resident in the Diocese of Albany, and four Laypersons who shall be confirmed communicants in good standing of the Episcopal Church in the Diocese of Albany. There shall be two alternate clerical members and two alternate lay members who shall serve pursuant to Sections 14.4, 14.5, and 14.7 of this Canon.
14.2.B
Members of the Court shall serve three-year terms. Three members of the Court shall be elected at each annual meeting of the Convention of the Diocese in a vote by orders. Should the vote by orders result in more elections than are needed, the candidates of each order receiving the highest aggregate number of votes shall be deemed elected members of the Court. Each shall serve until a successor is elected. No member of the Court shall serve more than two consecutive full terms.
14.2.C
At the 127th Convention of the Diocese, the initial election shall take place as follows:
Two priests and one lay person for three year terms

One priests and two lay persons for two year terms

Two priests and one lay person for one year terms
The terms to be filled in the order the members are elected beginning with the three year terms. Following the initial election at the 127th Convention, terms for members of the Court shall be as described in section (b).
14.2.D
Alternate members of the Court shall serve two year terms. One alternate clerical member and one alternate lay member of the Court shall be elected at each annual meeting of the Convention in a vote by orders. In the final vote by orders required to elect members to the Court, the candidates of each order receiving the next highest aggregate number of votes after those elected as members shall be deemed elected as alternate members of the Court. Each shall serve until a successor is elected. No alternate member shall serve more than two consecutive full terms.
14.2.E
At the 127th Convention of the Diocese, the initial election of alternate members of the Court shall take place as follows:
One priest and one lay person for two year terms.

One priest and one lay person for one year terms.
The terms to be filled in the order the alternates are elected, beginning with the two year terms. Following the initial election at the 127th Convention, terms for alternate members of the Court shall be as described in Section (d).

14.3 - Organization of the Court

14.3.A
Within thirty days of the adjournment of the annual Convention of the Diocese, the Secretary of the Diocese shall designate a time and place for the initial meeting of the trial court.
14.3.B
At their initial meeting, the members of the Trial Court shall elect from their number a Presiding Judge who shall fulfill the duties described in Title IV of the Canons of the General Convention.

14.4 - Attendance at Court Sessions

All members and alternate members of the Court shall attend each session of the Court unless excused by the other members of the Court or removed by a challenge upheld by the Court.

14.5 - Vacancies in the Court

14.5.A
Vacancies in the Trial Court which occur during the course of a trial shall be filled by lot from among the alternate members.
14.5.B
Vacancies in the Trial Court which occur at times other than when the Court is in Session, or for reasons other than a challenge upheld by the Court, shall be filled by lot from among the alternate members.

14.6 - Diocesan Review Committee

At each Annual Meeting of the Convention, the Bishop shall appoint, with the Consent of the Standing Committee, the Diocesan Review Committee which shall have such duties as are assigned to it by Title III of the Canons of the General Convention. The Diocesan Review Committee shall consist of three members of the Clergy and two adult lay persons who are communicants in good standing of congregations of the Diocese. The Diocesan Review Committee shall meet within thirty days of the adjournment of the Annual Meeting of the Convention and shall elect from among its members a President.

14.7 - Church Attorney

14.7.A
Annually, the Ecclesiastical Authority shall nominate a Church Attorney, who shall investigate and prosecute any charge. The Church Attorney shall be a confirmed communicant in good standing of the Episcopal Church, a member of a congregation in union with of the Convention of the Diocese of Albany , a member of the Bar of the State of New York, and a person learned in Canon Law.
14.7.B
The Church Attorney may be compensated for his or her services or may donate them to the Diocese pro bono publico. It the Church Attorney is compensated, it shall be 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 Diocese of Albany. Whether or not the Church Attorney is compensated, the Diocese shall be responsible for reimbursing the reasonable and necessary disbursements and expenses incurred by the Church Attorney in carrying out the duties of the position.
14.7.C
If no Church Attorney appointed pursuant to Section 14.6(a) of this Canon is able to serve in connection with a particular matter, the Bishop, in consultation with the Court, shall appoint a temporary Church Attorney to serve in that matter.

14.8 - Challenges to Membership

14.8.A
Upon receiving notice of a presentment from the Diocesan Review Committee, the Presiding Judge shall notify the respondent and the Church Attorney of the names and addresses of the members and alternate members of the Trial Court.
14.8.B
The Church Attorney and Respondent shall each have the right to challenge the presence of any of these members and alternate members at the trial. Such challenges (i) shall be in writing, (ii) shall give the reasons for the challenge, and (iii) shall be submitted to the Presiding Judge within thirty days of the date of the presentment.
14.8.C
Upon receipt of any challenges, the Trial Court shall meet to consider the validity of the challenges. If any of the challenges are upheld, the Presiding Judge shall notify the Church Attorney and the Respondent of the names of the member or alternate member excused and the reasons that he or she is excused. The member or alternate member so challenged and excused shall be excused from the Court for that trial only. The unchallenged members of the Court and any alternate members chosen by lot to replace the members removed by challenge shall constitute the whole number of Members of the Court for the Trial in question. The decision of the Trial Court regarding challenges is final and may not be appealed.

14.9 - Right to Council

14.9.A
Respondent shall have a right to engage the counsel of his or her choice.
14.9.B
Requests based on indigence by respondent for court-appointed counsel shall be decided by the Court.

14.10 - Right to a Speedy Trial

Title IV, Canon 3 of the Canons of the General Convention shall be observed in this Diocese according to the specific time frames set forth for the sections of Title IV, Canon 3 CGC listed below:

14.10.A
Title IV, Canon 3, Section 9. The Diocesan Review Committee shall communicate the filing of a charge to the Bishop and the Respondent within thirty days.
14.10.B
Title IV, Canon 3, Section 10. The Diocesan Review Committee shall issue a presentment within thirty days of instituting its inquiry if a conviction or judgment be established.
14.10.C
Title IV, Canon 3, Section 11. The Diocesan Review Committee shall prepare its written statement and transmit it to the Church Attorney within thirty days after convening to consider the charge, if it determines that an offense may have occurred if the facts alleged be true.
14.10.D
Title IV, Canon 3, Section 14. The Diocesan Review Committee shall issue a Presentment for an Offense within thirty days of receiving the report of the Church Attorney, when the information before it, if proved at trial, provides reasonable cause to believe an offense was committed, and the Respondent committed the offense.
14.10.E
Title IV, Canon 3, Section 17. The Diocesan Review Committee shall file the presentment and serve copies upon each party within five days.
14.10.F
Continuances may be granted by the Court upon the showing of good cause.

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