Conference Panel
Church Attorney Statement/Role
The Church Attorney receives a copy of the Intake Report, the Investigator’s Reports, and any other writings or other file materials created or collected by the Disciplinary Board or any Panel thereof during the Intake Investigative or Referral Process. The scope of authority and discretion accorded to the Church Attorney is defined in Title IV.2, which includes the authority to arrange for further investigation as may be appropriate.
From this material, the Church Attorney prepares a Written Statement, describing in detail the acts, omissions, or conditions of each alleged Offense as it may be developed or determined from the materials. (Title IV.12.1) The Statement also makes reference to the appropriate canonical provisions that define the Offenses involved. In preparing the Written Statement, the Church Attorney is authorized to exercise discretion consistent with Title IV by declining to include allegations. The Church Attorney may exclude allegations that either do not actually constitute Offenses or which are not sufficiently material to justify further proceedings. Conversely, it would be wholly inappropriate for the Church Attorney to add charges or allegations that were not included in the Intake Report.
The Written Statement prepared by the Church Attorney is then returned to the Conference Panel for distribution with Notice of Conference Panel proceedings.
Participants
The Respondent learns from the Written Statement of Offense the detailed factual allegations of misconduct involved in the case and the Canonical citations defining those Offenses.
The Chancellor is advised by the Church Attorney’s Written Statement how the Church Attorney is exercising prosecutorial discretion in determining which elements of the Complaint are to be pursued in the Conference Panel proceeding. The Chancellor may at this point be asked to advise the Bishop so the Bishop will understand fully why the Church Attorney may have decided not to include certain allegations that were part of the Reference Panel stage.
The Advisors review the Written Statement with their clients and need to be prepared to explain the meaning of the provisions of the Written Statement from a factual basis and as they relate to the canonical definitions of “Offense.”
In preparing this Written Statement, the Church Attorney is exercising prosecutorial discretion and is reminded that the Church Attorney’s client is the Church, not the Bishop, Standing Committee, or any other officials of the Church.
The Written Statement provides the first opportunity for the Respondent’s Attorney to receive and understand the specific factual allegations and the connection of those allegations to “Offenses” as described and defined in Title IV. This allows the Respondent’s Attorney an opportunity to understand what the Respondent is required to respond to and be held accountable for.
The Written Statement of Offense becomes the document which provides the Conference Panel with its focus on issues to be addressed during the Conference Panel proceedings. Therefore, it is inappropriate for Panel members, the Complainant, or any other participant in the Conference Panel proceeding to add other allegations or complaint elements to be addressed in the Conference Panel proceeding.
