Explanation

Clergy in the Episcopal Church are subject to a code of professional conduct and yet may not be able to have adequate resources for legal representation during a disciplinary action. Unlike attorneys and physicians who, in certain circumstances, may have insurance available through insurance companies or through professional organizations to mitigate costs of a professional disciplinary action, and unlike teachers who have the same opportunity through unions, Episcopal Clergy have no avenue for obtaining similar assistance. When Title IV was being revised from a trial court model to the present, the 73rd General Convention resolved that a Task Force should be formed to “(research) the disciplinary policies and procedures of other churches and various professions...” Part of those procedures, should also have considered an awareness of not just the availability to the respondent of legal counsel but the means by which one can obtain that representation. Title IV makes provision for clergy to have legal representation. Title IV therefore presupposes that legal representation is a component for fairness during the disciplinary process. However, the cost of such representation can be prohibitive to clergy who earn, on average, considerably less than those with comparable education and training. It is time to address this need and provide clergy with the means to enjoy the same access to legal representation as have other professions, which includes being able to afford that access.