wfn.org | Appeals court affirms guilt, reduces sentence in Montana sexual misconduct case

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2002-114

Appeals court affirms guilt, reduces
sentence in Montana sexual
misconduct case

by Jan Nunley
jnunley@episcopalchurch.org

(ENS) The Court of Review for the Trial of a Bishop on
May 1 reaffirmed that former Montana bishop Charles I.
"Ci" Jones is guilty of immorality and conduct unbecoming
a member of the clergy because of a sexual relationship
with a parishioner which ended prior to his election as
bishop. But the appellate court reduced Jones' sentence
from deposition to a five-year suspension. 

The action means that Jones remains a bishop of the
Episcopal Church, but without seat in the House of
Bishops. Jones resigned his position as bishop of
Montana in February 2001, and appealed the lower
court's sentence that May. 

The decision marks the first time that such a Court of
Review has been convened in the history of the Episcopal
Church in the U.S. 

Boundary violations not all sexual

The appeals court ruled that affidavits, submitted during
the sentencing phase, which sharply criticized Jones'
"leadership or management performance" as a bishop
were "inadmissible" because they were irrelevant to the
issue of his sexual misconduct as a priest. The lower court
"seems to have assumed that one form of abuse is
equivalent to another form of abuse," the appeals court
said. "While all sexual exploitation may be a boundary
violation, all boundary violations are not sexual
exploitation. 

"This Court notes (with some relief) that being an
ineffective bishop or having difficulties as a bishop in
management and leadership is not, in and of itself, a
violation of the Canons; nor is it a violation to have a
group of people in a diocese upset with the diocesan," the
court said. The court added that none of the affidavits
alleged any other sexual misconduct by Jones, or
indicated that he was at any future risk of such
misconduct. 

The appeals court specifically denied Jones' assertions
that either Presiding Bishops Browning and Griswold or
their staffs exerted "undue influence" on the lower court's
decision. 

Conditions set for suspension

In reducing the sentence, the court set a series of
conditions which Jones must meet. If he fails to comply,
the original sentence of deposition will be automatically
reinstated. 

Within 90 days, Jones must undergo a multi-disciplinary
examination by a health care provider selected by the
presiding bishop and paid for through his office. Jones will
have to pay for any therapy required as a result of this
examination. That therapist must be selected by Bishop
Clay Matthews, executive director of the Episcopal
Church's Office of Pastoral Development, and by the
original examiner. 

Jones and Matthews will also agree on a reimbursement
of the cost of the complainant's therapy. If they can't
come to an agreement, they will ask the court to
determine the amount and payment schedule. 

After the five years are up, Jones must have a medical
and psychological exam determining that he is fit for
service before his suspension can be terminated. He has
to request the exam and it must be performed by an
examiner appointed by the presiding bishop and paid
through his office. 

Pronouncement by Griswold

According to the order by the court, the presiding bishop
will pronounce Jones' sentence by May 31 at a location
Griswold determines. Jones can choose whether or not to
attend. Griswold then directs the clerk of the appeals
court to show the date and time sentence is pronounced
on the documents. Griswold then notifies the appropriate
parties that the sentence has been pronounced. 

In a cover letter to Griswold, presiding judge O'Kelley
Whitaker expressed thanks for the "beautifully collegial
fashion" in which the review court worked and remarked
that "in many ways it has been a painful task, yet we have
all experienced God's grace throughout." 

The review court consisted of bishops James M.
Coleman (West Tennessee); Clifton Daniel III (East
Carolina); Dorsey F. Henderson (Upper South Carolina);
John B. Lipscomb (Southwest Florida); D. Bruce
MacPherson (Dallas); Larry E. Maze (Arkansas);
Richard L. Shimpfky (El Camino Real); Chester L. Talton
(Los Angeles); Franklin D. Turner (Pennsylvania); and
presiding judge O'Kelley Whitaker (Central New York). 

--The Rev. Jan Nunley is deputy director of
Episcopal News Service.