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ECUSA Irony:  +Andrew Smith To Sit on Bishop Cox Ecclesiatical Trial Court

Wednesday, March 21, 2007 • 4:25 pm


Did you hear the one about the Bishop who had charges filed against him sitting on the trial court of another Bishop? 

The House of Bishops received no news on two other ecclesiastical complaints. The standing committee in the Diocese of Pennsylvania filed a formal complaint last year against the Rt. Rev. Charles E. Bennison, Jr., Bishop of Pennsylvania, accusing him of withholding financial and legal information. Two years ago, a group of clergy and lay members in the Diocese of Connecticut filed charges against the Rt. Rev. Andrew Smith, Bishop of Connecticut, alleging that he acted improperly in removing the rector and vestry at St. John’s, Bristol. Bishop Smith is a member of the trial court that will hear the case against Bishop Cox.

You have to give it to ECUSA, they have a great sense of humor - or would that be irony?  Makes one wonder when +Andrew’s day in court will show up on the calendar.

Read the whole thing here.

Hat tip:  Karen B

 


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Comments:

Franz Kafka, call your office!

[1] Posted by Jeffersonian on 03-21-2007 at 03:45 PM • top

They didn’t find anything on the Obergruppenfuhrer and they’re letting him sit on the court.  Gee.  Wonder how this one will turn out.

[2] Posted by Christopher Johnson on 03-21-2007 at 03:47 PM • top

Talk about show trials.

[3] Posted by oscewicee on 03-21-2007 at 03:48 PM • top

Considering they failed to report anything on this, makes one wonders if they have even opened the file - much more pressing matters, you know - like hunting down those Evil, Evil Orthodox.

[4] Posted by JackieB on 03-21-2007 at 03:52 PM • top

I note that no charges have yet been made against +Fitzsimmons Alison.  Are they just picking a softer target?

[5] Posted by Id rather not say on 03-21-2007 at 03:53 PM • top

Here come the show trials!

[6] Posted by Newbie Anglican on 03-21-2007 at 03:57 PM • top

The problem is at 86 years old, poor Bishop Cox has just lived too long.  They have paid him too much in retirement and medical benefits and are looking for a way to cut their losses.

May the Lord note their arrogance and Bishop Cox be vindicated for His glory and honor.

[7] Posted by Rom 1:16 on 03-21-2007 at 04:04 PM • top

Justice is imperfect in this life but not in the next.

[8] Posted by David+ on 03-21-2007 at 04:51 PM • top

Sad, sick, wrong, disgusting…..pick one.
Dad, we tried…......
MassPK

[9] Posted by MassPK on 03-21-2007 at 04:53 PM • top

This one needs to be given tons of publicity, and very publicly compared to the inactivity regarding Bennison.

[10] Posted by Angels Heard On High on 03-21-2007 at 05:00 PM • top

MassPK, I am sorry. 

You have always done your Dad proud. 

LIC,

J.

[11] Posted by Orthoducky on 03-21-2007 at 05:16 PM • top

I’ve said it before and I’ll say it again, they’re picking on the wrong Godly giant, in Bishop Cox.  Is lightning attracted to Tinfoil Hats?  If so, there will be the overpowering acrid odor of singed souls in that “court.”  May God have mercy on them.

[12] Posted by Cindy T. in TX on 03-21-2007 at 05:25 PM • top

Hmmm. The Primates ask TEC to be pastoral and just with orthodox dissenters. TEC tells the Primates to stuff it. Next they put on trial an old Godly man with a persecutor of the faithful on the jury.It is clear that there are only three choices:1. Convert. Renounce our faith and embrace the new uberfaith. 2. Submit and accept the status of dhimmi under the “tolerance” of the Episcofascists.3. Get out.Any other options? I’m open.

[13] Posted by Christopher Hathaway on 03-21-2007 at 05:25 PM • top

Here’s a solution, how bout Bishop Cox just transfers to CANA?

This is just plain vindictive - against a great man and a true senior bishop.

[14] Posted by fatherlee on 03-21-2007 at 05:55 PM • top

I troubled by Bp. Smith serving as a judge in one episcopal trial even as he is the defendant in another one. In most U.S. courts, you can’t serve as a juror while a prosecution is pending against you. This safeguard recognizes a two-edged potential for bias. Your resentment against prosecutors and other law-enforcement officials could bias you against the prosecution. Your hope to curry favor with prosecutors (and to avoid further antagonizing them) could bias you against the defense. In any event, Bp. Smith’s bias against the orthodox and their claims of conscience is well established.

[15] Posted by Irenaeus on 03-21-2007 at 06:36 PM • top

You’re not getting it: The arrogance of TEC is revealed by the fact that Bp Smith and TEC obviously don’t consder his own “problem” to be a problem, because it is brought by those who apparently don’t believe as he and TEC do: Therefore, their suit is of no consequence.

[16] Posted by DonaldH on 03-21-2007 at 06:44 PM • top

While it is reprehensible that TEC would allow this, it is unethical and immoral for Bishop Smith to sit on this panel of judges.  If he had any integrity, he would recuse himself.

[17] Posted by richardc on 03-21-2007 at 08:31 PM • top

This stinks to high heaven,it really does.
Makes me wonder how PB Schori would feel if the Primates were to put her on trial for heresy(‘Mother Jesus’),Pelagianism, and antinomianism and loaded the jury with the AB’s of Uganda,Nigeria and the Southern Cone.

[18] Posted by paddy on 03-21-2007 at 09:11 PM • top

Where exactly are the charges against Smith?  If it is out of the hands of the Review Committee (Grand Jury), he should recuse himself as one under indictment.  If it’s still in the hands of the Review Committee (Grand Jury), then there is no presentment against him and therefore he is not under indictment and thus presumed innocent.  Anyone know the status of the situation?

[19] Posted by Vintner on 03-21-2007 at 09:12 PM • top

Smuggs, I just thought they deep sixed Smith’s charges long ago.  I guess if someone knows the procedures, it would be good to know what the original procedures were.  TEC seems to make a travesty of canon law along with the church, but I wonder what they are suppose to do if they had any integrity.  The last I heard, at least a year ago, was that the charges had gone to the PB, I think.  Anyone know the procedures that should be followed when presentment charges are filed or where in the process Smith’s charges are?

Yes, Irenaeus, Smith’s persecution of and hatred for the orthodox is infamous and putting him on this the witch trial of Bishop Cox confirms TEC’s appetite for kangeroo courts.

[20] Posted by Seen-Too-Much on 03-21-2007 at 10:42 PM • top

Re: Smith.  The charges went to the PB and were submitted to a Review Committee as required by canons.  The ecclesiastical charges remain “under investigation”  in the hands of Review Committee.  In other words, yes the charges have been deep sixed.

[21] Posted by this_day on 03-24-2007 at 05:40 AM • top

So, is there suppose to be a formal decision from the Review Committee, either exonerating him or recommending other action?  If they just sit on it forever, it will be a canon law procedure allowed to “die in committee”.  This lack of integrity in canon law procedures would be consistent with TEC’s lack of integrity in everything else.  Procedures they want to use for abuse they are positively obsessive about (witness the treatment of Mark Lawrence’s confirmation as bishop of SC);  but when they don’t like the possible outcome, they simply ignore procedures right and left.  Smith’s grand jury review seems to be an example of that.  Do you, this_day, or anyone else know what the review committee is suppose to do after receiving the case from the PB, with respect to formal, required procedures, if they were following them?

[22] Posted by Seen-Too-Much on 03-24-2007 at 06:43 AM • top

It would seem, of course, that unless and until Smith is formally cleared of the the charges, as long as he is “under investigation”, he should be prohibited from serving on the presentment trial of another bishop.  The fact that they violate this protection of Bishop Cox’s rights under canon law is simply more evidence of their inability/unwillingness to act ethically, even when it is spelled out for them in canon law.

This all disgusts me and makes me think Bishop Cox should sue them all for defamation of character or something else.  The state should protect individuals and churches from the tyrannical actions of TEC.  It has in CA and probably will elsewhere.

[23] Posted by Seen-Too-Much on 03-24-2007 at 06:54 AM • top

Do you, this_day, or anyone else know what the review committee is suppose to do after receiving the case from the PB, with respect to formal, required procedures, if they were following them?

Here’s what’s supposed to happen according to the Canons:

1.  Charge submitted to PB
2.  PB forwards charge to Review Committee
3.  Within 60 days of receiving charge, Review Committee meets to determine whether the allegations, if true, would constitute an offense under the Canons
4. Review Comittee prepares statement for Church Attorney
5.  Church Attorney “promptly” investigates and withing 120 days issues confidential report to Review Committee with recommendations.
6. Within 45 days of receiving Church Attorney report, Review Committee meets to determine whether or not to issue Presentment.
A decision not to issue a Presentment must be in writing from the Review Commitee.  Of course the Presentment has to be in writing & it’s prepared by the Church Attorney at the direction of the Review Committee.  The problem is there’s nothing in the Canons that says when the Review Committee must definitively determine whether or not to issue a Presentment - and it appears that’s where the Smith charges have stalled out.

[24] Posted by this_day on 03-24-2007 at 07:41 AM • top

The state should protect individuals and churches from the tyrannical actions of TEC.  It has in CA and probably will elsewhere.

As TEC behaves more and more flagrantly - and there is every indication that is picking up pace rather than abating - I think there will be more court involvement in enforcing Constitutional protections.  We’re starting to see really stunning violations of due process and civil rights, not to mention abject disregard for 1st and 14th Amendment protections.

[25] Posted by this_day on 03-24-2007 at 07:46 AM • top

Thank you, this_day.  At what stage in the 6 part procedure you outlined above did Smith’s presentment stall out?  It seems they got no further than 2 out of 6.  Is this correct?  If so, if a corporate entity violates is own legal rules of operation and conduct, and causes harm to innocent victims in the process, is there any way civil courts can reverse the harmful action?  Even allowing for church-state exceptions, individuals such as Bishop Cox could still be protected and any harm Smith has caused could still be pursued, couldn’t they?  It isn’t as simple as many think, that there is a complete laissez-faire attitude or indifference of the state when harm is being done.

[26] Posted by Seen-Too-Much on 03-24-2007 at 09:47 AM • top

I’m not certain at what stage the Smith case stalled out - mostly because of all the cloak and dagger non-communication from the powers that be.  It is my understanding that the Review Committee did meet intially and dispatched attorneys to conduct an investigation.  Beyond that, I really dont know.  In that instance, I really dont see any way for civil courts to get involved.  The state is not entirely indifferent but hands are tied to some degree because of reluctance to pierce the church/state veil.

Yes, it results in grossly unjust and inconsistent actions within the church and the courts are aware of that.

[27] Posted by this_day on 03-24-2007 at 10:16 AM • top

I’ve heard that tort actions may be possible in many instances.

[28] Posted by Seen-Too-Much on 03-24-2007 at 01:06 PM • top

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