Appeal To Court of Review
Procedure
The Hearing Panel is required to produce a Record on Appeal after a Notice of Appeal has been filed. Within 30 days after receiving the Record on Appeal from the Hearing Panel the party appealing is required to serve two copies of the Record on Appeal, the Notice of Appeal, and the appealing parties’ Brief, if any, on the opposing party and to deliver copies to the President of the Court of Review. Within thirty days after receiving a copy of the Record on Appeal the party opposing the Appeal must serve a Brief in opposition, if any, upon the appealing party, with copies to the President of the Court of Review. A reply Brief of the appealing party may be developed and served likewise within fifteen days following the service of the Brief in opposition. (Title IV.15.7)
The Court of Review is required to keep a copy of its proceedings. It appoints a reporter to provide a recording of the proceedings. At the Hearing on the Appeal, the Court of Review gives the Respondent and the Church Attorney the opportunity to be heard. If the matter involves issues of Doctrine, Faith, or Worship of the Church and Bishops pursue an Appeal, the Briefs of the Bishops are received in a similar fashion, and the Bishops are given an opportunity to be heard by the Court of Review.
Participants
In any Appeal, the Respondent is either the appealing party or the party opposing the Appeal. This provides the Respondent with the opportunity to argue issues from the Hearing Panel proceeding, including possible errors or procedural mistakes by the Hearing Panel, or regarding the determination of the matter by the Hearing Panel and whether it was adequately supported by the evidence produced in the Panel proceeding. Respondent does not testify at the Appeal because it is a proceeding on the written briefs and oral arguments by the Attorney for the Respondent and the Church Attorney.
The Chancellor may be consulted on the adequate development and transmission of the Record on Appeal to the Court of Review, and other logistical issues that may arise in the Appeal. The Chancellor has no other direct participation in the appellate proceedings.
The Church Attorney prepares the appropriate appellate brief and appears at the Hearing of the Court of Review on the Appeal. The Church Attorney typically also consults with Bishops or counsel for Bishops involved in any Appeal involving a matter of the Doctrine of the Church.
The Respondent’s Attorney prepares the brief and is entitled to be heard by the Court of Review in the Hearing of Appeal. There is no further Appeal from the Court of Review in matters involving Priests and Deacons.
The development of the Record on Appeal may involve considerable expense and coordination of resources within the Diocese. Standing Committee needs to be prepared for this required support of the disciplinary process.
