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Former Montana bishop appeals sentence of deposition
From
ENS@ecunet.org
Date
Thu, 17 May 2001 16:31:07 -0400 (EDT)
2001-120
Former Montana bishop appeals sentence of deposition
by Jan Nunley
(ENS) Former Montana bishop Charles I. "Ci" Jones filed an appeal May 11 to
the Court of Review of the Trial of a Bishop, challenging the final judgment of
the Court for the Trial of a Bishop deposing him, on multiple grounds of
"reversible error."
The case concerns sexual misconduct with a woman parishioner and employee of
a parish in Russellville, Kentucky, where Jones was rector prior to his election
as bishop of Montana in 1986. The misconduct took place from 1981-83. Jones
submitted his resignation to the diocesan council effective Ash Wednesday,
February 28, following a February 14 decision by the Court for the Trial of a
Bishop deposing him for sexual misconduct.
Jones' 17-count appeal disputes virtually all the actions of the trial court
in the case, including denials of multiple motions made by Jones' attorneys to
dismiss it entirely based on a plea of "former jeopardy." Jones maintains that he
had already been disciplined by former Presiding Bishop Edmond Browning for his
misconduct, and that filing of the case in the wake of revisions to Title IV of
the canons is the ecclesiastical equivalent of a second accusation and trial on
identical charges.
The court's decision countered that the presiding bishop does not have the
canonical authority to discipline a sitting diocesan bishop, and therefore any
"pastoral" arrangement Jones made with Browning would not affect the possibility
of future action against him.
Filing of civil suit denied
The appeal also alleges "improper influence" on the court by Presiding
Bishop Frank Griswold, in calling for a sentence of deposition.
But reports that Jones has filed a civil suit against Griswold or the
national offices of the Episcopal Church are untrue, said Jones.
"No, a civil suit has not been filed," Jones explained in an email to ENS.
"Normally, one has to exhaust all administrative remedies prior to bringing a
cause of action before a civil court." When he resigned in February, Jones agreed
as part of his settlement not to sue the Diocese of Montana, its members or other
groups and individuals associated with it.
"My hope remains that somehow the truth will become public, but there are
very strong forces working against that," he said, but did not specify any
individuals or groups.
As for the possibility of future service in the Episcopal Church, Jones was
doubtful. "I think this is such a remote possibility that we haven't even
considered it…I think in all seriousness that I have probably been pretty much
black-balled from any consideration for another position in the church--even as a
lay person," he wrote. "We'll just have to see what God does with all of this."
Staying in Montana
Despite the appeals and other legal procedures that are still in progress,
Jones said that he is not planning big changes in his life. "Ashby and I have
decided, with the help of our therapists and our four sons, that we will not make
any major decisions for one year," he said. "We have been under so much stress
for so long (fifteen years without a sabbatical or real vacation) that we really
do not know what it is like not to have the tremendous workload of a diocese with
this geography and personality."
Jones denied rumors that he and his wife plan to move from Montana, or even
leave the United States. "We plan to appeal the court's decision and continue
living in Montana, the state we have grown to love," he wrote. "We will ride our
Harley-Davidsons and ski a lot… we plan to enjoy our freedom and lives with our
family."
In exchange for Jones' resignation in February, the diocesan Standing
Committee and Diocesan Council had agreed to give him a $170,000 settlement which
included forgiving his home mortgage with the diocese.
--The Rev. Jan Nunley is deputy director of the Episcopal News Service.
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