Standing Committee Communication
Posted Friday, February 29, 2008
Ecclesiastical Trial scheduled
The Standing Committee has been advised by the Church Attorney that the Ecclesiastical Trial of the Right Reverend Charles E. Bennison, Jr., on the Presentment dated October 29, 2007 on charges filed by the then Presiding Bishop, Frank Griswold, has been scheduled for June 9, 2008. The trial will be conducted in Philadelphia and will be open to the public. The exact location of the trial has not yet been determined.
The Trial Process
The Court for the Trial of a Bishop consists of five Bishops, two Priests, and two adult lay communicants of this Church chosen by General Convention.
At the trial, the Bishop, through his attorney, will be afforded the opportunity to cross-examine all witnesses called by the Church Attorney. The Bishop is presumed not to have committed a canonical offense unless or until established by clear and convincing proof. The burden of proof is on the Church Attorney. The Bishop has the right to testify or not to testify in his own defense. He may also call other witnesses having relevant testimony.
At the conclusion of the trial, the Court will vote as to whether the Bishop committed a canonical offense. For a Judgment to be entered against the Bishop, the vote of 2/3 of the members of the Court is necessary. If less than 2/3 of the members of the Court concur in the finding, the Presentment will be dismissed.
If the Bishop is found to have committed the canonical offense alleged, the Court shall notify the Bishop, the Church Attorney, each Complainant, and each Victim of the Judgment. Each will then be given thirty days to provide the Court with comments regarding the sentence to be imposed, including excuse and mitigation. The Court will then vote upon the sentence to be adjudged, and a 2/3 vote is required for this as well.
The Judgment and Sentence shall then communicated to the Bishop, the Church Attorney, each Complainant, each Victim, the Presiding Bishop and the Standing Committee.
After the entry of a Final Judgment, the Bishop may appeal within thirty days to the Court of Review of the Trail of a Bishop. That Court consists of nine Bishops elected by the House of Bishops. The Presiding Judge of the Court of Review upon receiving the Notice of Appeal shall appoint a time within sixty days thereafter for the Hearing on the Appeal which shall be heard upon the Record below. No new evidence is permitted.
If the Court of Review enters Final Judgment finding that the Bishop had committed any of the charges upon which tried, the Court of Review may review the Sentence adjudged by the Trail Court and may adjudge a lesser Sentence. The Final Sentence adjudged shall then be imposed by the Presiding Judge of the Court of Review. The concurrence of five members of the Court is necessary to reverse the Judgment of the Trial Court or to modify the Sentence imposed.