Explanation

Title IV prohibits the Church Attorney from terminating a proceeding by declining to advance the proceeding. These amendments provide a formal process for terminating a proceeding by seeking leave to decline to advance the proceeding. These amendments are proposed in response to a situation in which a Church Attorney made the decision to decline to advance because the Respondent had resigned Holy Orders at a time at which the Respondent was not allowed to resign because he was under imputation. The amendments provide for a process in which the Church Attorney may seek leave from the Hearing Panel to decline to advance the proceedings or to refer the matter back to the Intake Officer or Bishop for a pastoral response instead of continuing to seek disciplinary action. The Hearing Panel will then hold a hearing on the request, giving the Complainant, Respondent and Bishop Diocesan the right to respond. If the Hearing Panel grants the request for leave to decline to advance the proceedings, it shall enter an order of dismissal, thereby resulting in a “dismissal, Accord or Order” under Canon III.7.9 (deacons), Canon III.9.11 (priests) or Canon III.12.8(b) (bishops).