Petition 80499

Print this page
Submitted TextClose Window X

Participation of Bishops (80499-JA-¶2701)

1.  Amend ¶ 2701 as follows: If resolution is achieved, a written statement of resolution, including terms and conditions, shall be signed by the participants  parties . The parties  and they shall agree on any matters to be disclosed to third parties. See ¶ 362.1(b) for discussion of just resolution.

2.    Amend ¶ 2706.5 c)(3) as follows: The bishop shall institute but not participate in such a process and may use the assistance.... If resolution is achieved, a written statement, affirming such resolution, including any terms and conditions, shall be signed by the parties as defined in ¶ 2706.2 and they shall agree on any matters to be disclosed to third parties.
  
2.    Amend ¶ 2708.3 as follows: The presiding officer may refer the matter as deemed appropriate for a process seeking a just resolution to the resident bishop upon consultation with the counsel for the Church and counsel for the respondent. The bishop shall institute but not participate in such a process and may use....If resolution is achieved, a written statement, affirming such resolution, and any terms and conditions, shall be signed by the parties as defined in ¶ 2706.2 and the parties shall agree on all matters to be disclosed to third parties.

Rationale

The parties in judicial proceedings are defined in ¶ 2706.2 as “the respondent and the Church.” This does not include bishops as bishops cannot be participants in judicial proceedings. Citing ¶ 362.1(b) conflates Fair Process in Judicial Proceedings with placing in the administrative process where bishops are defined as participants...