Canons of the Episcopal Diocese of New Jersey:
Part VI

 CANON 68

Ecclesiastical Discipline

SECTION 1. Terminology. Capitalized terms used in this Canon shall have the meanings assigned to them in Title IV of the Canons of The Episcopal Church.

SECTION 2. Disciplinary Board. There shall be in the Diocese of New Jersey a Disciplinary Board, to consist of three lay persons and four priests or deacons chosen in the following manner:

(a) The annual Diocesan Convention shall elect each year three lay persons and four members of the clergy who shall serve as members of the Disciplinary Board for one-year terms and as alternate members of the Disciplinary Board for two-year terms following the completion of their one-year terms as members of the Disciplinary Board. Each year at the annual Diocesan Convention, and whenever a vacancy occurs in the office of president of the Disciplinary Board, the Ecclesiastical Authority shall appoint one of the newly-elected members of the Disciplinary Board to act as a convener until the Disciplinary Board elects a President.

(b) No one shall be eligible for reelection to the Disciplinary Board until completing both the one-year term as a member and the two-year term as an alternate member.

(c) Clergy members of the Disciplinary Board shall be priests or deacons who have been canonically resident in the Diocese for at least three years. Lay members shall be adult confirmed communicants in good standing of a congregation in the Diocese. No person specified in the first sentence of Canon IV.5.3(c), nor any person affiliated in the practice of law or otherwise with any of such persons, shall be eligible to serve as a member of the Disciplinary Board.

(d) Vacancies in the Disciplinary Board due to death, disability, resignation, declination to serve, ordination, the removal of a member from the Diocese, or any other vacancy, shall be filled in the following manner. When the president of the Disciplinary Board becomes aware of a vacancy, the president shall forthwith convene the Disciplinary Board. The vacancy shall be filled by drawing lots from among those alternate members of the Disciplinary Board who are of the same order in which the vacancy has occurred. The alternate so chosen shall fill the vacant office for the remainder of the unexpired term, and having completed that term, shall then complete any balance remaining in his or her term as an alternate.

(e) The President of the Disciplinary Board shall appoint members of the Board to Conference Panels and Hearing Panels, in his or her discretion or by lot, upon the referral of an intake report to the Reference Panel.

SECTION 3. Officers of the Disciplinary Board. At the initial meeting convened following the annual Diocesan Convention, the Disciplinary Board shall elect a clerk, who may but need not be a member of the Board, as well as a president, who must be a member of the Board. In the event of a vacancy in either office, the president or if there is no president the convener shall forthwith convene the Disciplinary Board to fill the vacancy by election.

SECTION 4. Church Attorneys. (a) A Church Attorney shall be elected annually by the Diocesan Convention to serve for a one-year term, and he or she may stand for reelection. The Standing Committee may appoint additional Church Attorneys as necessary. Any remuneration to a Church Attorney must be pursuant to a written retainer agreement approved by the Diocesan Council. Any Church Attorney must be an adult confirmed communicant in good standing of a congregation in the Diocese and member in good standing of the Bar of the State of New Jersey. No Chancellor, Vice Chancellor, Advisor, Conciliator, Intake Officer, or Investigator, nor any person affiliated in the practice of law or otherwise with any of such persons, shall be eligible to serve as a Church Attorney.

(b) Any Church Attorney may be removed from office for cause by the Standing Committee after the Church Attorney has had an opportunity to be heard by the Standing Committee.

(c) A vacancy in the office of Church Attorney shall be filled by the Standing Committee until the next annual meeting of the Convention.

SECTION 5. Intake Officer. (a) An Intake Officer shall be elected annually by the Diocesan Convention to serve for a one-year term, and he or she may stand for reelection.

(b) The Intake Officer may be removed from office for cause by the Standing Committee after the Intake Officer has had an opportunity to be heard by the Standing Committee.

(c) A vacancy in the office of Intake Officer shall be filled by the Standing Committee until the next annual meeting of the Convention.

SECTION 6. Investigators. (a) The Bishop shall after consultation with the president of the Disciplinary Board appoint one or more Investigators annually at the Diocesan Convention to serve for a one-year term. An Investigator may be reappointed at the end of his or her term.

(b) Any Investigator may be removed from office for cause by the Church Attorney.

(c) A vacancy in the office of Investigator shall be filled by appointment by the Bishop after consultation with the president of the Disciplinary Board, to serve until the next annual meeting of the Convention.

SECTION 7. Advisers and Conciliators. The Ecclesiastical Authority shall at all times provide for the designation of at least two qualified Advisers and at least one qualified Conciliator to be available for appointment by the Bishop as needed.

SECTION 8. Extension of Terms of Office. The term of office of any member of a Reference Panel whose original term expires while a matter is pending before that Panel shall be extended until the matter is referred by that Panel or the Panel decides to take no action other than an appropriate pastoral response. The term of office of any member of a Conference Panel whose original term expires while a matter is pending before that Panel shall be extended until thirty days after the entry of an Accord or Order by that Panel. The term of office of any member of a Hearing Panel whose original term expires while a matter is pending before that Panel shall be extended until forty days after the entry of an Order by that Panel. The term of office of an Investigator whose original term expires while a matter is pending before him or her shall be extended until the delivery to the Reference Panel of his or her report of findings and any supplemental report. The term of office of a Church Attorney whose original term expires while a matter is pending before him or her shall be extended until forty days after the entry of an Order by the Hearing Panel, unless earlier removed.

SECTION 9. Expenses. (a) The necessary charges and expenses of the Disciplinary Board shall be a charge upon the Diocese and shall be paid by the Treasurer of the Diocese from the Diocesan Budget Account upon the order of the president of the Disciplinary Board.

(b) Each Church Attorney shall be compensated for services at a rate set in a written retainer agreement between the Church Attorney and the Diocese, not to exceed the customary prevailing rate for legal services of comparable attorneys in the State of New Jersey, and further shall not exceed the sum of $30,000 for each Church Attorney per matter. In addition, the Diocese shall be responsible for reimbursing the reasonable and necessary disbursements and expenses incurred by the Church Attorney.

(c) The reasonable and necessary expenses of the Respondent and the Respondent’s counsel shall be a charge upon the Diocese and shall be paid by the Treasurer of the Diocese from the Diocesan Budget Account. Counsel for the Respondent shall be compensated by the Diocese for his or her services at a rate not to exceed the customary prevailing rate for legal services of comparable attorneys in the State of New Jersey, and further shall not exceed the sum of $30,000, inclusive of disbursements, for each matter.

(d) In obtaining legal counsel pursuant to the provisions of Canon IV.19.22, any Hearing Panel shall not be required to follow the procedures set forth in Canon 26, but the services of any attorney must be at a rate not to exceed the customary prevailing rate for legal services of comparable attorneys in the State of New Jersey and must be pursuant to a written retainer agreement previously approved by the Diocesan Council.

CANONS 69 and 70 RESERVED

To Part VII