wfn.org | Court says Montana bishop is guilty and subject to discipline

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For more information contact:
Jan Nunley
Deputy Director
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http://www.ecusa.anglican.org/ens

2000-230

Court says Montana bishop is guilty and subject to discipline

by Jan Nunley

     (ENS) Bishop Charles I. "Ci" Jones III of Montana, already judged guilty of 
immorality and conduct unbecoming a member of the clergy in an earlier ruling, 
has been judged subject to discipline by the Court for the Trial of a Bishop for 
sexual misconduct which took place in 1981-83 when he was rector of a parish in 
Kentucky. 

     The court issued its ruling December 8 in a 26-page document signed by all 
but one member of the court. 

     The court rejected Jones' arguments that he had already been disciplined for 
the misconduct in 1993-94 by then Presiding Bishop Edmond Browning, taking pains 
to point out in numerous places in its ruling that the office of the presiding 
bishop in the U.S. Episcopal Church has no authority under church law to regulate 
the conduct of, punish, or impose discipline on a sitting diocesan bishop. 

     That Jones chose to fulfill in part some pastoral recommendations made by 
Browning did not shield him from formal charges in the future, the court said. 
That he did not follow Browning's recommendations in full--choosing to resume his 
ecclesiastical authority after three months, for example, rather than the 
suggested year--shows that Jones was aware at the time that they were pastoral 
and not punitive in nature, the court added.

     The court pointed out that the canons provide for what is known as 
"voluntary submission to discipline" at any time before a case is judged by an 
ecclesiastical trial court. Voluntary submission to discipline involves a 
specific procedure that includes a written waiver by the accused bishop and an 
agreement to accept a sentence imposed by the presiding bishop. But Jones never 
agreed to the canonical process of voluntary submission to discipline, the court 
said. Had he done so, his argument that the trial constituted "former jeopardy"--
multiple proceedings and punishments for the same offense--might have had some 
merit.

     The parties in the case--Bishop Jones, the Church Attorney, and the woman 
who brought charges against Jones--have until January 11 to comment on the 
sentence to be imposed by the Court. Once those comments are submitted, all three 
have until January 22 to comment on each others' comments. A hearing on the 
sentence will be held January 30 at the office of the Lay Assessor to the Court 
in Charlotte, North Carolina.

     According to the canons, three possible sentences can be imposed. The 
lightest sentence, admonition, a "public and formal reprimand," would basically 
tell the bishop "don't do it again."  The  heaviest penalty, deposition, would 
strip Jones of his ordained status and thus his episcopal office. 

     In between is a sentence of suspension, which, according to Title IV.12(13) 
of the canons, would allow Jones to retain "administration of the temporal 
affairs of the diocese," but would forbid him to act as a member of the clergy. 
For a bishop, that prohibition would include all congregational visitations. A 
suspension in Montana could be complicated by the fact that many congregations in 
the diocese are not full parishes but missions, which are more dependent on the 
bishop's authority.

     The court could also choose to depose Jones, with an option for suspension 
if he resigns from office.

     Whatever the sentence imposed by the court, Jones will have thirty days in 
which to appeal. Any sentence would be "stayed" while the appeal is pending. An 
appeal would be sent to a Court of Review composed of nine bishops, who could 
uphold the decision of the Court for the Trial of a Bishop, or could choose to 
modify its sentence in some way.

     Jones announced the decision to the clergy of Montana in a terse letter 
dated December 11, which ended: " I appreciate your continued love, support and 
prayers for me, my family and the Diocese of Montana as we seek to do God's will. 
Please feel free to share this information with those whom you deem appropriate. 
May God's blessings be abundant upon all of us this Advent/Christmas Season. In 
Christ, Ci."

--The Rev. Jan Nunley is deputy director of the Episcopal Church's Office of News 
and Information.