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Canon 30 Of Courts and their Membership

Section 1.

In each diocese there shall be an Ecclesiastical Court for the trial of any priest or deacon thereof and it shall be the duty of each diocese to provide by canon for the establishment of such court and the mode of conducting trials in the same.

Section 2.

The Council of Bishops shall appoint and convene a court for the trial of any bishop presented as herein provided. Only bishops may be members of this court.

Section 3.

In case of conviction by the Trial Court, the Bishop shall not proceed to sentence the accused before the expiration of thirty days after he shall have been served with notice of the decision of the court, nor in case an appeal is taken shall sentence be pronounced pending the hearing and determination thereof.

Section 4.

There shall be a Court of Review of the trial of a priest or deacon, which shall be composed of a bishop, two priests, and two lay communicants of the Church vested with jurisdiction to hear and determine appeals from decisions of trial courts in dioceses on the trial of a priest or deacon.

Section 5.

The judges of this Court of Review shall be nominated by the Presiding Bishop and confirmed by the General Synod and shall serve until the next General Synod and until their successors shall have been appointed and confirmed. The bishop mentioned in Section 4 shall be the Presiding Officer of the Court of Review.

Section 6.

An appeal may be made within thirty days of the decision of the Trial Court. This appeal shall be made in writing to the bishop who is the Presiding Officer of the Court of Review, stating the nature of the case and the reason(s) for the appeal. The Court of Review shall, within thirty days, request the entire transcript of the trial from the Trial Court and upon receipt of the transcript shall notify immediately all parties of the time and place for the hearing of the appeal which shall be within three months but not fewer that two months from the date of notification. At least three of the five judges must be present to hear the appeal who shall render their decision on the appeal within thirty days of the hearing. The expenses of the appeal shall be paid by the appellant.

Section 7.

The Court of Review, at its discretion, may hear the appeal solely upon the evidence presented to the Trial Court or admit additional pertinent evidence. The Court may reverse or affirm, in whole or in part, the decision of the Trial Court, or, if in its opinion, justice shall require, may grant a new trial. Should the appellant fail to appear for the hearing, the Court of Review shall, at its discretion, dismiss the appeal, or proceed to hear and determine the appeal. The concurrence of two-thirds of the members of the Court present shall be necessary to pronounce a judgment.

Section 8.

The Court of Review established by this canon for the trial of a priest or deacon shall constitute the Court of Review for the trial of a bishop.