Appeal To Court of Review
Who May Appeal
If proceedings before a Hearing Panel are unreasonably delayed or suspended, and are not resumed within 60 days after a written request for resumption of the proceeding from the Church Attorney or the Respondent, then the Church Attorney or the Respondent may file a written request with the Court of Review for an Order directing the Hearing Panel to resume the proceedings. (Title IV.15.1) After hearing a response from the President of the Hearing Panel, the Court of Review issues an Order, either directing the resumption of the proceedings or declining to direct resumption with an explanation of the reasons therefor.
Most Appeals are appeals from Orders issued by the Hearing Panel. The Respondent or the Church Attorney may appeal to the Court of Review from an Order of the Hearing Panel in any matter. The Bishop may also appeal from an Order of a Hearing Panel finding that a Respondent did not commit an Offense involving a question of the Doctrine, Faith, or Worship of the Church. That request must be made in writing by at least two Bishops of other dioceses within the Province who are not members of the Court of Review. That appeal should be taken on the question of the Church’s Doctrine, Faith, and Worship only and may not seek to reverse any finding of the Hearing Panel of the non-commission of other Offenses. (Title IV.15.3)
Participants
The Respondent has a right to Appeal an Order from the Hearing Panel finding that the Respondent committed an Offense.
The Bishop may Appeal an Order from a Hearing Panel that finds that a Respondent did not commit an Offense involving a question of Doctrine, Faith, or Worship of the Church. To do so the Bishop must have the written request from two other Bishops of dioceses within the same Province who are not members of the Court of Review.
Advisors for the Complainant and Respondent should provide guidance to the Complainant and Respondent regarding the nature of the Appeal process, the possible outcomes, and the timeframes involved.
The Church Attorney has the right to Appeal from an Order of the Hearing Panel finding that the Respondent did not commit an Offense under Title IV.
The Respondent’s Attorney, on behalf of the Respondent, may Appeal to the Court of Review from any Order of the Hearing Panel finding that the Respondent committed an Offense, or may Appeal to review the severity of the sanction recommended.
Members of the Disciplinary Board, particularly members of the Hearing Panel, must be conversant with the rules regarding Appeals to a Court of Review, including both reviews of an Order from the proceedings as well as for relief from a perceived undue delay in the proceedings.
Members of the Standing Committee should be familiar with the Appeal process, as the development of the Record on Appeal may be quite expensive and create a significant burden on the diocese. The Standing Committee should also be aware of the coordination by the Bishop and other Bishops of the Province in appealing any outcome that involves allegations of heresy or doctrinal violations.
