CURRENT TEXT

Resolution D068

Title:   Amend Abandonment Canon IV.10

Topic:   Canons

Committee:   05. Canons

House of Initial Action:   Deputies

Proposer:   Mr. Bradley Drell (Western Louisiana)

Resolved, the House of _____ concurring, That the 75th General Convention amend Canon IV.10 as follows:
Sec. 2. Prior to the expiration of the six-month period of Inhibition, the
Bishop may permit the Priest or Deacon to utilize the provisions of Canon
IV.8 or Canon III.13, as applicable. If within such six-month period the
Priest or Deacon shall transmit to the Bishop a statement in writing signed
by the Priest or Deacon which the Bishop is reasonably satisfied constitutes
a good faith retraction of such declarations or acts relied upon in the
determination or a good faith denial that the Priest or Deacon committed
the acts or made the declarations relied upon in the determination, the
Bishop shall withdraw the notice and the Inhibition shall expire. If,
however, within the six-month period, the Bishop does not pronounce acceptance
of the renunciation of the Priest or Deacon in accordance with
Canon IV.8 or Canon III.13, as applicable, or the Priest or Deacon does
not make retraction or denial as provided above, then it shall be the duty
of the Bishop either (i) to depose the Priest or Deacon as provided in
Canon IV.12, or (ii) if the Bishop is satisfied that no previous irregularity
or misconduct is involved, with the advice and consent of the Standing
Committee to pronounce and record in the presence of two or more Priests
that the Priest or Deacon is released from the obligations of Priest or
Deacon and (for causes which do not affect the person's moral character)
is deprived of the right to exercise the gifts and spiritual authority conferred
in Ordination.


EXPLANATION

The current canon is unclear as to who makes a determination that a denial of abandonment of communion by a priest or deacon charged with abandoning communion is a "good faith" denial.  This lack of clarity allows this canon to be potentially abused in a situation where a bishop and a priest or deacon are in a particularly acrimonious situation.  Any denial of the abandonment of communion should be treated as valid, rather than allowing the charging party, the bishop, to be able to decide that a denial is not made in good faith and thereby ignore the denial.