Episcopal clergyman, focus of sex abuse investigation, hasn't admitted guilt.
By Renée K. Gadoua Staff writer
The Post Standard
5/17/2006
A priest of the Episcopal Diocese of Central New York has resigned after a five-month investigation of allegations he sexually abused a boy in the 1970s while serving as rector of St. Paul's Church in Owego. Ralph E. Johnson, 79, voluntarily renounced his orders but has not admitted guilt, said Bishop Gladstone "Skip" Adams, spiritual leader of the diocese. "He is no longer a priest," Adams said.
As of Tuesday, Johnson has no clerical authority, cannot perform the sacraments and cannot wear a clerical collar, Adams said.
Johnson retains his pension from the diocese. Johnson could not be reached Thursday. In an affidavit given to the diocese, a former Owego resident said Johnson molested him at least 20 times in the rectory in Tioga County and at a cabin in Gibson, Pa.
The man, who was about 15 at the time, lives in Florida. "When he first invited me to sleep with him, I just thought it would be a typical sharing of a bed with each person having their own side. But then he began to fondle me," the man said in his affidavit. "When he did this, I would become hysterical and he would stop the attack, at least until the next night."
The Post-Standard does not identify victims of sex crimes. Johnson's name appeared in a lawsuit filed in January when the Rev. David Bollinger, rector of St. Paul's Church in Owego, sued Adams and the diocese for $4.35 million. Bollinger has accused the bishop of failing to respond to allegations of abuse by Johnson.
Bollinger said Adams retaliated against him for raising the issue by disciplining him and auditing his parish's finances. Adams has denied he tried to silence Bollinger. Until January, Adams said, no victim had notified him of alleged abuse by Johnson.
State Supreme Court Justice Jeffrey Tait reserved decision April 14 on a motion to dismiss the suit against Adams and the diocese. Shortly after Bollinger filed the lawsuit, diocesan officials received a copy of the Florida man's affidavit.
A process by the Diocesan Pastoral Response Team began, Adams said. Diocesan representatives interviewed the Florida man and Johnson. An independent psychologist met with the Florida man, and she affirmed his credibility as a witness and said further investigation was appropriate, Adams said. Officials also contacted the district attorney's offices in Tioga County and Gibson, Pa., he said.
Adams said the diocese's investigation found no record of any other allegations of inappropriate behavior by Johnson. He said this is the only clergy sexual abuse case the diocese has investigated since he became bishop in 2001.
Johnson was ordained in 1962. He served as rector of St. Paul's Church, in Owego, from 1970 to 1977. He also served at parishes in Binghamton and Windsor in the Central New York diocese and at a parish in Buckingham, Pa. He retired 15 years ago.
END
Thursday, May 25, 2006
From VirtueOnline
In the DIOCESE OF CENTRAL NEW YORK, an Episcopal priest VOL exposed as being a pedophile resigned after a five-month investigation of allegations he sexually abused a boy in the 1970s while serving as rector of St. Paul's Church in Owego. Ralph E. Johnson, 79, voluntarily renounced his orders but has not admitted guilt, said Bishop Gladstone "Skip" Adams, spiritual leader of the diocese. "He is no longer a priest," Adams said. Johnson's name appeared in a lawsuit filed in January when the Rev. David Bollinger, rector of St. Paul's Church in Owego, sued Adams and the diocese for $4.35 million. Bollinger has accused the bishop of failing to respond to allegations of abuse by Johnson. Bollinger said Adams retaliated against him for raising the issue by disciplining him and auditing his parish's finances. Adams has denied he tried to silence Bollinger. Until January, Adams said, no victim had notified him of alleged abuse by Johnson. But this week another man stepped forward and filed a complaint in the DIOCESE OF BETHLEHEM claiming he too was abused by Johnson. Fr. Bollinger's case grows stronger by the day.
Wednesday, May 24, 2006
Central New York Priest Deposed After Investigation
from The Living Church:
Latest News
05/24/2006
Ralph E. Johnson, 79, voluntarily renounced orders April 28 and has been deposed from the priesthood after an investigation by members of the pastoral response team in the Diocese of Central New York determined that an allegation of sexual misconduct against him was credible and deserved further investigation. Mr. Johnson was rector of St. Paul’s Church, Owego, N.Y., from 1970 to 1977.
A former Owego resident said in a written affidavit that Mr. Johnson molested him at least 20 times in the rectory and at a cabin owned by Mr. Johnson in Gibson, Pa. The man, who was about 15 at the time, lives in Florida. Mr. Johnson retired from the ministry in 1989.
In a prepared statement for the media, the Diocese of Central New York stated “Because of his advanced age, frail health and desire to avoid the stress of a protracted prosecution and defense, Fr. Johnson agreed to voluntarily renounce his orders. In other words, admitting no guilt, he has agreed to abide by the canons of the Church which, with the consent of the majority of all the members of the standing committee, will result in a Sentence of Deposition.”
The lawyer for another former rector of St. Paul’s, Owego, said the resignation of Mr. Johnson should vindicate his client, the Rev. David G. Bollinger, who has been inhibited by the Rt. Rev. Gladstone B. Adams III, Bishop of Central New York. Fr. Bollinger, who retired last January, alerted the diocese in 2002 that there were allegations against Mr. Johnson. He has been inhibited since May 31, 2005, and never formally charged, according to his lawyer, David Gouldin.
“The bishop has an obligation under the canons to provide a specific list of charges,” Mr. Gouldin told The Living Church.
Fr. Bollinger contends that there are numerous allegations of sexual misconduct against Mr. Johnson and that the inhibition against him was an attempt to discredit and silence him from pursuing justice for the alleged victims. Prior to his retirement, Fr. Bollinger filed a $4.35 million suit against Bishop Adams and the diocese, accusing them of failing to pursue the sexual misconduct allegations adequately and retaliating against him by alleging misuse of funds. Fr. Bollinger denies he misused any funds. In his lawsuit, he claims that in an attempt to uncover wrongdoing by him, the diocesan controller illegally searched through the Bollingers’ personal financial records on the internet. That person has since accepted another position and is no longer employed by the diocese [TLC, May 14].
“Over the last several years, the Episcopal Diocese of Central New York has confronted recurring rumors suggesting that the Rev. Ralph Johnson, former rector of St. Paul’s Church in Owego, N.Y., had engaged in some form of misconduct involving parishioners back in the 1970s,” the diocese said in its prepared statement. “Since June 2002, the diocese has made numerous attempts to investigate these claims and allegations. Until now, our investigations proved fruitless and inconclusive because no victim had ever come forward to meet with me or with the Diocesan Pastoral Response Team. Without the existence and sworn testimony of a victim, we were powerless to proceed.”
Latest News
05/24/2006
Ralph E. Johnson, 79, voluntarily renounced orders April 28 and has been deposed from the priesthood after an investigation by members of the pastoral response team in the Diocese of Central New York determined that an allegation of sexual misconduct against him was credible and deserved further investigation. Mr. Johnson was rector of St. Paul’s Church, Owego, N.Y., from 1970 to 1977.
A former Owego resident said in a written affidavit that Mr. Johnson molested him at least 20 times in the rectory and at a cabin owned by Mr. Johnson in Gibson, Pa. The man, who was about 15 at the time, lives in Florida. Mr. Johnson retired from the ministry in 1989.
In a prepared statement for the media, the Diocese of Central New York stated “Because of his advanced age, frail health and desire to avoid the stress of a protracted prosecution and defense, Fr. Johnson agreed to voluntarily renounce his orders. In other words, admitting no guilt, he has agreed to abide by the canons of the Church which, with the consent of the majority of all the members of the standing committee, will result in a Sentence of Deposition.”
The lawyer for another former rector of St. Paul’s, Owego, said the resignation of Mr. Johnson should vindicate his client, the Rev. David G. Bollinger, who has been inhibited by the Rt. Rev. Gladstone B. Adams III, Bishop of Central New York. Fr. Bollinger, who retired last January, alerted the diocese in 2002 that there were allegations against Mr. Johnson. He has been inhibited since May 31, 2005, and never formally charged, according to his lawyer, David Gouldin.
“The bishop has an obligation under the canons to provide a specific list of charges,” Mr. Gouldin told The Living Church.
Fr. Bollinger contends that there are numerous allegations of sexual misconduct against Mr. Johnson and that the inhibition against him was an attempt to discredit and silence him from pursuing justice for the alleged victims. Prior to his retirement, Fr. Bollinger filed a $4.35 million suit against Bishop Adams and the diocese, accusing them of failing to pursue the sexual misconduct allegations adequately and retaliating against him by alleging misuse of funds. Fr. Bollinger denies he misused any funds. In his lawsuit, he claims that in an attempt to uncover wrongdoing by him, the diocesan controller illegally searched through the Bollingers’ personal financial records on the internet. That person has since accepted another position and is no longer employed by the diocese [TLC, May 14].
“Over the last several years, the Episcopal Diocese of Central New York has confronted recurring rumors suggesting that the Rev. Ralph Johnson, former rector of St. Paul’s Church in Owego, N.Y., had engaged in some form of misconduct involving parishioners back in the 1970s,” the diocese said in its prepared statement. “Since June 2002, the diocese has made numerous attempts to investigate these claims and allegations. Until now, our investigations proved fruitless and inconclusive because no victim had ever come forward to meet with me or with the Diocesan Pastoral Response Team. Without the existence and sworn testimony of a victim, we were powerless to proceed.”
Tuesday, May 23, 2006
Montrose Man Comes Forward wIth Sex Abuse Allegations by Former Priest
From WBNG-TV, Binghamton, NJ:
Another man has come forward, talking only with Action News, claiming he too was abused by an Episcopal priest.
Last week we told you 79-year-old Ralph Johnson resigned from the priesthood. It followed a five month investigation into allegations he sexually abused a boy in the 1970s.
After watching our report, another man says he was also abused by Johnson years ago.
"Memories came flooding back. I had tried to put this out of my mind for years," said the Montrose man, who does not want to be identified.
He says he's ready to relive a day that changed his life. He claims former Episcopal priest Ralph Johnson made sexual advances toward him in 1982 when he was 16.
"It has to be known. It has to be known that he used to do these things," said the man.
The man, now 41, says he met with Father Johnson because he wanted to become a priest. At Johnson's home in Susquehanna County, he says he was forced to spend the night in Johnson's bed.
There, he says Father Johnson put his arms around him and asked if he was homosexual. The man says there was no sex, but it made him lose faith in the church and himself.
"I became very depressed and I stopped going to church for a while. I do believe that experience and a few other things that happened led to my divorce," he said.
A few years later, the man told his priest at St. Peters Church in Tunkhannock what had happened. That priest is said to have reported it to the Episcopal Diocese in Bethlehem, Pennsylvania.
The Bethlehem Diocese couldn't do anything about the allegations because Johnson worked at Zion Episcopalian Church in Windsor. A complaint would have to be filed with the Syracuse Diocese.
But this man doesn't think the complaint was ever filed. After more than two decades, he's ready to contact the church himself.
"I would just like to see that the Episcopal Diocese would take responsibility," he said.
It's taken years to break his silence, but he's now ready for his voice to be heard.
Action News contacted the Episcopal Diocese of Central New York in Syracuse and a spokesperson says the church wants to hear from that man.
Referring to rumors swirling around Father Johnson for years, the church has said before, "The Diocese has made numerous attempts to investigate these claims and allegations ... no victim had ever come forward. Without the existence and sworn testimony of a victim, we were powerless to proceed."
With our report, the church may be proceeding with another investigation.
Father Johnson served at several local churches in Owego, Binghamton, Windsor and Buckingham, Pennsylvania.
Story Created: May 22, 2006 at 6:35 PM EST
Story Updated: May 23, 2006 at 12:57 AM EST
Another man has come forward, talking only with Action News, claiming he too was abused by an Episcopal priest.
Last week we told you 79-year-old Ralph Johnson resigned from the priesthood. It followed a five month investigation into allegations he sexually abused a boy in the 1970s.
After watching our report, another man says he was also abused by Johnson years ago.
"Memories came flooding back. I had tried to put this out of my mind for years," said the Montrose man, who does not want to be identified.
He says he's ready to relive a day that changed his life. He claims former Episcopal priest Ralph Johnson made sexual advances toward him in 1982 when he was 16.
"It has to be known. It has to be known that he used to do these things," said the man.
The man, now 41, says he met with Father Johnson because he wanted to become a priest. At Johnson's home in Susquehanna County, he says he was forced to spend the night in Johnson's bed.
There, he says Father Johnson put his arms around him and asked if he was homosexual. The man says there was no sex, but it made him lose faith in the church and himself.
"I became very depressed and I stopped going to church for a while. I do believe that experience and a few other things that happened led to my divorce," he said.
A few years later, the man told his priest at St. Peters Church in Tunkhannock what had happened. That priest is said to have reported it to the Episcopal Diocese in Bethlehem, Pennsylvania.
The Bethlehem Diocese couldn't do anything about the allegations because Johnson worked at Zion Episcopalian Church in Windsor. A complaint would have to be filed with the Syracuse Diocese.
But this man doesn't think the complaint was ever filed. After more than two decades, he's ready to contact the church himself.
"I would just like to see that the Episcopal Diocese would take responsibility," he said.
It's taken years to break his silence, but he's now ready for his voice to be heard.
Action News contacted the Episcopal Diocese of Central New York in Syracuse and a spokesperson says the church wants to hear from that man.
Referring to rumors swirling around Father Johnson for years, the church has said before, "The Diocese has made numerous attempts to investigate these claims and allegations ... no victim had ever come forward. Without the existence and sworn testimony of a victim, we were powerless to proceed."
With our report, the church may be proceeding with another investigation.
Father Johnson served at several local churches in Owego, Binghamton, Windsor and Buckingham, Pennsylvania.
Story Created: May 22, 2006 at 6:35 PM EST
Story Updated: May 23, 2006 at 12:57 AM EST
Saturday, May 20, 2006
Former church rector resigns from priesthood
Saturday May 20, 2006
NEWS
Exit after sexual misconduct probe 'vindication' for another embattled ex-rector
By William Moyer
Press & Sun-Bulletin
OWEGO -- A former rector at St. Paul's Episcopal Church has resigned from the priesthood following a five-month investigation of sexual allegations against him.
Ralph E. Johnson, 79, voluntarily renounced his ministerial orders amid allegations that he sexually abused a boy in the 1970s while he was rector of St. Paul's, but he has not admitted guilt, said Bishop Gladstone B. Adams, of the Episcopal Diocese of Central New York.
The attorney for another former rector -- the Rev. David G. Bollinger -- said Johnson's resignation is vindication for his client.
David Gouldin, of Levene, Gouldin & Thompson of Vestal, said Bollinger, years earlier, had alerted Episcopal officials to Johnson's alleged sexual misconduct, but was rebuffed by the regional bishop.
The diocese, based in Syracuse, began its investigation five months ago after receiving an affidavit from the alleged victim.
"This is a clear vindication of what Father Bollinger has been contending for several years," Gouldin said Friday. "Father Bollinger is pleased. Something has taken place that definitely established that his concerns were well-founded."
Under terms of his resignation, Johnson will have no priestly authority, cannot perform the sacraments and cannot wear a clerical collar, Adams said. Johnson is retired and will keep his pension from the diocese, which has 16,000 confirmed members from Alexandria Bay near the Canadian border to Waverly at the Pennsylvania-New York border.
In January, Bollinger, who had been St. Paul's rector for more than 20 years before going on disability and retiring on Jan. 1, filed suit against the diocese for $4.35 million.
In the lawsuit, Bollinger accused the bishop and diocesan officials of failing to respond to the sexual misconduct allegations and also retaliating against him by alleging misuse of money at St. Paul's while he was rector. The allegations are false, Bollinger said.
Bollinger, who had been "inhibited" by the diocese from performing priestly duties at St. Paul's for over a year prior to his retirement, said diocesan officials broke into his personal bank account using identity theft and that Adams' allegations of financial impropriety against him are without merit.
Diocesan lawyers have asked State Supreme Court Justice Jeffrey A. Taitto to dismiss Bollinger's lawsuit. Tait reserved a decision April 14 and will issue a ruling at a later date, Gouldin said Friday. Bollinger will not drop the lawsuit, he added.
Shortly after Bollinger filed the suit, diocesan officials received the victim's affidavit, Adams said, and began their internal investigation.
In the affidavit, the victim, who was an Owego resident at the time, said Johnson molested him at least 20 times in the rectory of St. Paul's and at a cabin in Gibson, Pa., in Susquehanna County. The victim, who was reported to be 15 years old at the time, now lives in Florida, Adams said.
Adams said the diocese's investigation found no other allegations of inappropriate behavior by Johnson.
"The record will show that Adams first received a letter in June of 2002 identifying an abused victim of Father Johnson at that time," Gouldin said. "The diocese is trying to rewrite the histories of what has occurred."
Though the resignation can be seen as a vindication of Bollinger, these incidents give the church a black eye regardless of the outcome, said a local Episcopalian priest and personal friend of Bollinger's.
"There are no winners in this; it makes the church look bad," said the Rev. Anthony Seel, pastor of St. Andrew's Church in Vestal. "It would be nice for David (Bollinger) to get his reputation back."
Johnson was ordained in 1962. He served as rector of St. Paul's from 1970 to 1977, as well as Episcopal parishes in Binghamton and Windsor and a parish in Buckingham, Pa., before he retired 15 years ago.
The Associated Press contributed to this report.
NEWS
Exit after sexual misconduct probe 'vindication' for another embattled ex-rector
By William Moyer
Press & Sun-Bulletin
OWEGO -- A former rector at St. Paul's Episcopal Church has resigned from the priesthood following a five-month investigation of sexual allegations against him.
Ralph E. Johnson, 79, voluntarily renounced his ministerial orders amid allegations that he sexually abused a boy in the 1970s while he was rector of St. Paul's, but he has not admitted guilt, said Bishop Gladstone B. Adams, of the Episcopal Diocese of Central New York.
The attorney for another former rector -- the Rev. David G. Bollinger -- said Johnson's resignation is vindication for his client.
David Gouldin, of Levene, Gouldin & Thompson of Vestal, said Bollinger, years earlier, had alerted Episcopal officials to Johnson's alleged sexual misconduct, but was rebuffed by the regional bishop.
The diocese, based in Syracuse, began its investigation five months ago after receiving an affidavit from the alleged victim.
"This is a clear vindication of what Father Bollinger has been contending for several years," Gouldin said Friday. "Father Bollinger is pleased. Something has taken place that definitely established that his concerns were well-founded."
Under terms of his resignation, Johnson will have no priestly authority, cannot perform the sacraments and cannot wear a clerical collar, Adams said. Johnson is retired and will keep his pension from the diocese, which has 16,000 confirmed members from Alexandria Bay near the Canadian border to Waverly at the Pennsylvania-New York border.
In January, Bollinger, who had been St. Paul's rector for more than 20 years before going on disability and retiring on Jan. 1, filed suit against the diocese for $4.35 million.
In the lawsuit, Bollinger accused the bishop and diocesan officials of failing to respond to the sexual misconduct allegations and also retaliating against him by alleging misuse of money at St. Paul's while he was rector. The allegations are false, Bollinger said.
Bollinger, who had been "inhibited" by the diocese from performing priestly duties at St. Paul's for over a year prior to his retirement, said diocesan officials broke into his personal bank account using identity theft and that Adams' allegations of financial impropriety against him are without merit.
Diocesan lawyers have asked State Supreme Court Justice Jeffrey A. Taitto to dismiss Bollinger's lawsuit. Tait reserved a decision April 14 and will issue a ruling at a later date, Gouldin said Friday. Bollinger will not drop the lawsuit, he added.
Shortly after Bollinger filed the suit, diocesan officials received the victim's affidavit, Adams said, and began their internal investigation.
In the affidavit, the victim, who was an Owego resident at the time, said Johnson molested him at least 20 times in the rectory of St. Paul's and at a cabin in Gibson, Pa., in Susquehanna County. The victim, who was reported to be 15 years old at the time, now lives in Florida, Adams said.
Adams said the diocese's investigation found no other allegations of inappropriate behavior by Johnson.
"The record will show that Adams first received a letter in June of 2002 identifying an abused victim of Father Johnson at that time," Gouldin said. "The diocese is trying to rewrite the histories of what has occurred."
Though the resignation can be seen as a vindication of Bollinger, these incidents give the church a black eye regardless of the outcome, said a local Episcopalian priest and personal friend of Bollinger's.
"There are no winners in this; it makes the church look bad," said the Rev. Anthony Seel, pastor of St. Andrew's Church in Vestal. "It would be nice for David (Bollinger) to get his reputation back."
Johnson was ordained in 1962. He served as rector of St. Paul's from 1970 to 1977, as well as Episcopal parishes in Binghamton and Windsor and a parish in Buckingham, Pa., before he retired 15 years ago.
The Associated Press contributed to this report.
Episcopal priest resigns in wake of sexual abuse allegations
May 19, 2006, 9:40 AM EDT
SYRACUSE, N.Y. (AP) _ A 79-year-old Episcopal priest has resigned after a five-month investigation of allegations he sexually abused a boy in the 1970s while serving as rector of a church in Owego, diocesan officials said.
Ralph E. Johnson voluntarily renounced his orders but has not admitted guilt, said Bishop Gladstone Adams.
Johnson has no clerical authority, cannot perform the sacraments and cannot wear a clerical collar, Adams said. Johnson, who was retired but could still act as a priest, retains his pension from the 16,000-member Syracuse-based diocese.
In an affidavit given to the diocese, a former Owego resident said Johnson molested him at least 20 times in the St. Paul's Church rectory and at a cabin in Gibson, Pa. The man, who was about 15 at the time, now lives in Florida.
In January, the Rev. David Bollinger, the current rector of St. Paul's, sued Adams and the diocese for $4.35 million. Bollinger accused the bishop of failing to respond to allegations of abuse by Johnson.
Shortly after Bollinger filed the lawsuit, diocesan officials received a copy of the Florida man's affidavit, Adams said. Until then, Adams said, no victim had notified him of any abuse by Johnson.
State Supreme Court Justice Jeffrey Tait reserved decision April 14 on a motion to dismiss the suit against Adams and the diocese.
Based on the affidavit, the diocese began an investigation and contacted the district attorney's offices in Tioga County and Gibson, Pa., he said. No charges have been brought against Johnson.
Adams said the diocese's investigation found no other allegations of inappropriate behavior by Johnson.
Johnson was ordained in 1962. He served as rector of St. Paul's Church from 1970 to 1977. He also served at parishes in Binghamton and Windsor in the Central New York diocese and at a parish in Buckingham, Pa. He retired 15 years ago.
___
Information from: The Syracuse Post-Standard, www.syracuse.com
Copyright 2006 Newsday Inc.
SYRACUSE, N.Y. (AP) _ A 79-year-old Episcopal priest has resigned after a five-month investigation of allegations he sexually abused a boy in the 1970s while serving as rector of a church in Owego, diocesan officials said.
Ralph E. Johnson voluntarily renounced his orders but has not admitted guilt, said Bishop Gladstone Adams.
Johnson has no clerical authority, cannot perform the sacraments and cannot wear a clerical collar, Adams said. Johnson, who was retired but could still act as a priest, retains his pension from the 16,000-member Syracuse-based diocese.
In an affidavit given to the diocese, a former Owego resident said Johnson molested him at least 20 times in the St. Paul's Church rectory and at a cabin in Gibson, Pa. The man, who was about 15 at the time, now lives in Florida.
In January, the Rev. David Bollinger, the current rector of St. Paul's, sued Adams and the diocese for $4.35 million. Bollinger accused the bishop of failing to respond to allegations of abuse by Johnson.
Shortly after Bollinger filed the lawsuit, diocesan officials received a copy of the Florida man's affidavit, Adams said. Until then, Adams said, no victim had notified him of any abuse by Johnson.
State Supreme Court Justice Jeffrey Tait reserved decision April 14 on a motion to dismiss the suit against Adams and the diocese.
Based on the affidavit, the diocese began an investigation and contacted the district attorney's offices in Tioga County and Gibson, Pa., he said. No charges have been brought against Johnson.
Adams said the diocese's investigation found no other allegations of inappropriate behavior by Johnson.
Johnson was ordained in 1962. He served as rector of St. Paul's Church from 1970 to 1977. He also served at parishes in Binghamton and Windsor in the Central New York diocese and at a parish in Buckingham, Pa. He retired 15 years ago.
___
Information from: The Syracuse Post-Standard, www.syracuse.com
Copyright 2006 Newsday Inc.
Tuesday, May 02, 2006
Proposed Episcopal Church Canons Target the Laity
by Raymond Dague
On a late afternoon last fall, Fr. Paul Kowalewski made a phone call to my
rector. At the time Kowalewski was the canon to Bishop Gladstone "Skip"
Adams of the Diocese of Central New York. Several years back Bishop Skip
gave Fr. Kowalewski the title =93canon visionary." The purpose of his call
was to complain to my rector about an essay which I published online in
June of 2005 entitled "The Theology of Heresy in Central New York".
That essay was highly critical of a diocesan invitation to bring Jesus
Seminar theologian Marcus Borg to present a series of talks to Central New
York clergy. Dague's essay was divisive, said Fr. Kowalewski. Raymond Dague
should be subjected to church discipline for his conduct, Fr. Kowalewski
told my rector. Flabbergasted by the suggestion, my rector said, "You want
me to excommunicate him for writing an essay critical of Marcus Borg and
the diocese!?" My rector immediately said "no" to the diocesan canon's
suggestion, and then called to tell me about the phone call.
I immediately hit the books to look into how a diocese could exercise
church discipline against a lay person. I discovered that a bishop and the
diocese cannot discipline a layman in the Episcopal Church. This is a
legacy from colonial times when an American church was as nervous of the
arbitrary power of bishops as it was of the arbitrary power of the British
king. Since its founding in the days before the United States Constitution
was written, no bishop or diocese of the Episcopal Church can discipline
any layman. Only clergy are subject to a bishop's discipline.
But if some folks have their way at General Convention 2006 that will all
change. Laity, including chancellors, church lawyers, bloggers, wardens,
vestrymembers, treasurers, secretaries, clerks, lay activists, or even the
directress of the parish altar guild would be subject to punishment by
bishops which can include removal from any church position or office.
The mechanism for this is a complete revision of the entire chapter on
church discipline. This proposed replacement to the existing Title IV of
the Canons can be found in the 2006 Blue Book as part of the report of the
Task Force on Disciplinary Policies and Procedures.
Catherine M. Waynick, the Bishop of Indianapolis, in the summary of the
revisions identifies what she says is "a need to be able to hold lay
members of the Church accountable in their formation and behavior in
leadership and ministry roles in the community of faith." According to Bp.
Waynick the "new canon proposed in this report reclaims the broader meaning
of discipline." And because this new canon is so complicated and different
from the existing disciplinary canons, the committee which proposed the
canons says that "we have enlisted the help of professional communicators,
who have graciously offered their talents as a gift to this work" to
explain them to us.
Well, the "professional communicators" have not delivered their verdict as
of this writing, so as a canon lawyer, I will lend a few thoughts to the
endeavor. Others in the coming weeks will give a detailed legal analysis of
these disciplinary canons covering them section by section. I will not do
that here. My analysis is geared to the lay person, not the canon lawyer. I
will review how these proposed disciplinary canons affect the laity.
The first thing the proposed canons do to accomplish their desired result
is to define "minister" to mean "any lay person who is an adult member of
this Church." Proposed Canon IV.2 In other words, everyone other than the
kids in the nursery are defined as ministers.
Then under the "Accountability" provision it says that a "Minister shall be
subject to proceedings under this Title for: the commission or omission of
any act which would justify the use of the Disciplinary Rubrics in the Book
of Common Prayer [or] knowingly violating or attempting to violate,
directly or through the acts of another person, the Constitution or Canons
of this Church or of any Diocese." Proposed Canon IV.3.1(a)(b)
Under current rules, only my rector could discipline me using the
Disciplinary Rubrics in the Book of Common Prayer found on page 409 of the
prayer book. It is called excommunication, or denial of the sacrament of
the Eucharist. It can only be done to "a person who is living a notoriously
evil life." And who better to know that than your priest. But under the new
proposed canons, anyone could charge me with that.
Does this mean I could file charges against Gene Robinson's same sex
partner for being "a person who is living a notoriously evil life," and he
could file counter charges against me for filing "homophobic" charges
against him? Could Gene Robinson=92s same sex partner be charged for taking a
hotel room with Gene for the night within the boundaries of a
traditionalist diocese? And then some diocesan court somewhere decides?
Traditionalist and revisionist activists could make a cottage industry out
of following their enemies and charging them with offenses. This should
make for an interesting church experience for us all.
Also under the proposed canons, violation of any canon of the church or any
canon of any diocese could result in charges. Every lay person better start
taking his copy of the canons around with him along with the Bible and the
Book of Common Prayer. And you better have a good canon lawyer on retainer,
since the average layperson does not know what is in the canons or how to
apply them.
Which bishop or diocese can try the layperson on changes? According to
Proposed Canon IV.19.5(a)(b) a lay person shall be subject to disciplinary
proceedings in the diocese where he is "canonically resident or in any
diocese in which an Offense is alleged to have occurred."
Canonical residence? In the existing canons, only clergy, not laity have
canonical residence. Under the new proposed rules, we laity now will all
have "canonical residence" where we live or attend church. Proposed Canon
IV.19.6
In addition even a bishop or diocese where we are not canonically resident
can charge us "in any diocese in which the Minister has performed his or
her Ministry." I suppose this means that I as a New Yorker could be hauled
up on changes in California for giving a speech there, or Episcopal
bloggers might be brought up on charges anywhere the internet goes.
How far can a bishop reach back to bring a layperson up on changes?
According to Proposed Canon IV.4 there is no statute of limitations.
Something I do the day after the new canons take effect can be used against
me 30 years later. The civil law with statutes of limitation are not this
draconian.
I am the assistant chancellor for the diocese of Albany. Can my bishop in
Albany protect me from charges elsewhere? Nope. Under Proposed Canon IV.19.5
(c)(d) my Albany bishop's decision that the charges against me from
somewhere else should be resolved in his court can be overruled by the
president of two different disciplinary boards, depending on where the
charges were filed against me.
How much evidence does the court need to prove that I did something wrong?
Not much, say the new rules. According to Proposed Canon IV.19.15 the
church uses the standard of proof by "a preponderance of evidence." For the
non-lawyers, that is the lowest level of proof in the law.
The toughest standard of proof is "beyond a reasonable doubt" which is used
in criminal cases. Below that there is the lesser standard of "clear and
convincing evidence" which is used in lots of situations where the matter
is very weighty, yet it is not a criminal case, such as in New York family
courts when you are charged with neglecting or abusing your children. The
lowest standard is "a preponderance of evidence," which is used with
personal injury cases.
The existing standard of proof in the current disciplinary canons (which
cover only clergy) is =93clear and convincing evidence.=94 The existing rule=
s
presume that church discipline is a matter of much importance. The irony of
the church lowering the standard in these proposed canons to the level used
in an automobile negligence lawsuit is too obvious for comment. I suppose
this is consistent with lowering standards of sexual morality.
Space does not permit me to describe the long and convoluted procedures
used under the proposed canons to conduct these disciplinary proceedings.
Clearly we will need to await the professional communicator=92s report to
figure them out. As a canon lawyer, I am still working on them. If someone
is brought up on charges, given the complicated nature of the procedures,
there will be a tendency to just ignore the whole thing as a bad dream. But
alas, that too can land you in trouble, since Proposed Canon IV.3.1(c) says
that one of the grounds for discipline is =93failing without good cause to
cooperate with any investigation or proceeding=94 for discipline. So merely
ignoring the process of discipline is ground for discipline irrespective of
whether you did anything wrong in the first instance.
A lay person brought up on charges under this new system will have two
choices: either quit and worship at another church down the street, or
scrape up lots of money to pay a canon lawyer who understands this
complicated process to fight for vindication.
Bluntly put, these proposed disciplinary canons are a disaster. This is
church discipline from hell. They are the product of a siege mentality by
an institution which seeks to stomp out opposition to the agenda of the
higher-ups by removing any laity who stand in their way. The very threat of
this process will make all but the most stout-hearted soul acquiesce.
The introduction to these proposed canons claim to help the laity
develop =93habits which can form all members of the Church in healthy and
responsible ministries and which can produce reconciliation and healing
when failures occur.=94 They will not do that. They will be mechanisms of
tyranny by bishops and other diocesan leaders against any laity who do not
do the bidding of the diocese, be it revisionist or traditionalist.
In the words of the proposed Canon IV.1 the leadership can under these new
rules =93hold each one accountable=94 for what they do in the church. And th=
ere
is no mechanism to stop a bishop who controls his diocesan judicial process
from =93disciplining=94 any lay person who opposes the bishop or the diocese=
on
any matter.
Traditionalist laity on a vestry in a revisionist diocese can be removed,
or for that matter, revisionist laity of a parish vestry in a
traditionalist diocese can be booted. Only canon lawyers will benefit from
these new rules. They will be an expensive mess for anyone else caught up
in this process. In a church which calls itself =93Christian=94 these propos=
ed
disciplinary canons should be =93dead on arrival=94 at the General Conventio=
n.
The supreme irony of all this is that today=92s Episcopal Church has shown
itself so dysfunctional that it cannot even discipline someone wearing a
miter since the days of Bishop Pike in the 1960s and Bishop Righter in the
1980s. So now we will take a crack a cleaning up the laity?
What will the deputies to the General Convention do with this draft of the
Proposed Canons. Maybe with all the discussion of the Windsor Report and
the confirmation of gay bishops, nobody will notice as it is quietly passed
into church law. But if they are smart and alert in Ohio in June they will
politely hand them back to Bp. Catherine Waynick and her =93professional
communicators=94 and say, =93thank you, but try again three years from now.=94=
Then if cooler heads prevail, church discipline against this canon lawyer
for publishing an essay which offended the bishop=92s canon visionary will
have to wait another day at least three years hence.
Raymond Dague is an attorney in Syracuse, New York, a member of St.
Andrew=92s in the Valley in Syracuse, and assistant chancellor to the bishop
of the Diocese of Albany.
On a late afternoon last fall, Fr. Paul Kowalewski made a phone call to my
rector. At the time Kowalewski was the canon to Bishop Gladstone "Skip"
Adams of the Diocese of Central New York. Several years back Bishop Skip
gave Fr. Kowalewski the title =93canon visionary." The purpose of his call
was to complain to my rector about an essay which I published online in
June of 2005 entitled "The Theology of Heresy in Central New York".
That essay was highly critical of a diocesan invitation to bring Jesus
Seminar theologian Marcus Borg to present a series of talks to Central New
York clergy. Dague's essay was divisive, said Fr. Kowalewski. Raymond Dague
should be subjected to church discipline for his conduct, Fr. Kowalewski
told my rector. Flabbergasted by the suggestion, my rector said, "You want
me to excommunicate him for writing an essay critical of Marcus Borg and
the diocese!?" My rector immediately said "no" to the diocesan canon's
suggestion, and then called to tell me about the phone call.
I immediately hit the books to look into how a diocese could exercise
church discipline against a lay person. I discovered that a bishop and the
diocese cannot discipline a layman in the Episcopal Church. This is a
legacy from colonial times when an American church was as nervous of the
arbitrary power of bishops as it was of the arbitrary power of the British
king. Since its founding in the days before the United States Constitution
was written, no bishop or diocese of the Episcopal Church can discipline
any layman. Only clergy are subject to a bishop's discipline.
But if some folks have their way at General Convention 2006 that will all
change. Laity, including chancellors, church lawyers, bloggers, wardens,
vestrymembers, treasurers, secretaries, clerks, lay activists, or even the
directress of the parish altar guild would be subject to punishment by
bishops which can include removal from any church position or office.
The mechanism for this is a complete revision of the entire chapter on
church discipline. This proposed replacement to the existing Title IV of
the Canons can be found in the 2006 Blue Book as part of the report of the
Task Force on Disciplinary Policies and Procedures.
Catherine M. Waynick, the Bishop of Indianapolis, in the summary of the
revisions identifies what she says is "a need to be able to hold lay
members of the Church accountable in their formation and behavior in
leadership and ministry roles in the community of faith." According to Bp.
Waynick the "new canon proposed in this report reclaims the broader meaning
of discipline." And because this new canon is so complicated and different
from the existing disciplinary canons, the committee which proposed the
canons says that "we have enlisted the help of professional communicators,
who have graciously offered their talents as a gift to this work" to
explain them to us.
Well, the "professional communicators" have not delivered their verdict as
of this writing, so as a canon lawyer, I will lend a few thoughts to the
endeavor. Others in the coming weeks will give a detailed legal analysis of
these disciplinary canons covering them section by section. I will not do
that here. My analysis is geared to the lay person, not the canon lawyer. I
will review how these proposed disciplinary canons affect the laity.
The first thing the proposed canons do to accomplish their desired result
is to define "minister" to mean "any lay person who is an adult member of
this Church." Proposed Canon IV.2 In other words, everyone other than the
kids in the nursery are defined as ministers.
Then under the "Accountability" provision it says that a "Minister shall be
subject to proceedings under this Title for: the commission or omission of
any act which would justify the use of the Disciplinary Rubrics in the Book
of Common Prayer [or] knowingly violating or attempting to violate,
directly or through the acts of another person, the Constitution or Canons
of this Church or of any Diocese." Proposed Canon IV.3.1(a)(b)
Under current rules, only my rector could discipline me using the
Disciplinary Rubrics in the Book of Common Prayer found on page 409 of the
prayer book. It is called excommunication, or denial of the sacrament of
the Eucharist. It can only be done to "a person who is living a notoriously
evil life." And who better to know that than your priest. But under the new
proposed canons, anyone could charge me with that.
Does this mean I could file charges against Gene Robinson's same sex
partner for being "a person who is living a notoriously evil life," and he
could file counter charges against me for filing "homophobic" charges
against him? Could Gene Robinson=92s same sex partner be charged for taking a
hotel room with Gene for the night within the boundaries of a
traditionalist diocese? And then some diocesan court somewhere decides?
Traditionalist and revisionist activists could make a cottage industry out
of following their enemies and charging them with offenses. This should
make for an interesting church experience for us all.
Also under the proposed canons, violation of any canon of the church or any
canon of any diocese could result in charges. Every lay person better start
taking his copy of the canons around with him along with the Bible and the
Book of Common Prayer. And you better have a good canon lawyer on retainer,
since the average layperson does not know what is in the canons or how to
apply them.
Which bishop or diocese can try the layperson on changes? According to
Proposed Canon IV.19.5(a)(b) a lay person shall be subject to disciplinary
proceedings in the diocese where he is "canonically resident or in any
diocese in which an Offense is alleged to have occurred."
Canonical residence? In the existing canons, only clergy, not laity have
canonical residence. Under the new proposed rules, we laity now will all
have "canonical residence" where we live or attend church. Proposed Canon
IV.19.6
In addition even a bishop or diocese where we are not canonically resident
can charge us "in any diocese in which the Minister has performed his or
her Ministry." I suppose this means that I as a New Yorker could be hauled
up on changes in California for giving a speech there, or Episcopal
bloggers might be brought up on charges anywhere the internet goes.
How far can a bishop reach back to bring a layperson up on changes?
According to Proposed Canon IV.4 there is no statute of limitations.
Something I do the day after the new canons take effect can be used against
me 30 years later. The civil law with statutes of limitation are not this
draconian.
I am the assistant chancellor for the diocese of Albany. Can my bishop in
Albany protect me from charges elsewhere? Nope. Under Proposed Canon IV.19.5
(c)(d) my Albany bishop's decision that the charges against me from
somewhere else should be resolved in his court can be overruled by the
president of two different disciplinary boards, depending on where the
charges were filed against me.
How much evidence does the court need to prove that I did something wrong?
Not much, say the new rules. According to Proposed Canon IV.19.15 the
church uses the standard of proof by "a preponderance of evidence." For the
non-lawyers, that is the lowest level of proof in the law.
The toughest standard of proof is "beyond a reasonable doubt" which is used
in criminal cases. Below that there is the lesser standard of "clear and
convincing evidence" which is used in lots of situations where the matter
is very weighty, yet it is not a criminal case, such as in New York family
courts when you are charged with neglecting or abusing your children. The
lowest standard is "a preponderance of evidence," which is used with
personal injury cases.
The existing standard of proof in the current disciplinary canons (which
cover only clergy) is =93clear and convincing evidence.=94 The existing rule=
s
presume that church discipline is a matter of much importance. The irony of
the church lowering the standard in these proposed canons to the level used
in an automobile negligence lawsuit is too obvious for comment. I suppose
this is consistent with lowering standards of sexual morality.
Space does not permit me to describe the long and convoluted procedures
used under the proposed canons to conduct these disciplinary proceedings.
Clearly we will need to await the professional communicator=92s report to
figure them out. As a canon lawyer, I am still working on them. If someone
is brought up on charges, given the complicated nature of the procedures,
there will be a tendency to just ignore the whole thing as a bad dream. But
alas, that too can land you in trouble, since Proposed Canon IV.3.1(c) says
that one of the grounds for discipline is =93failing without good cause to
cooperate with any investigation or proceeding=94 for discipline. So merely
ignoring the process of discipline is ground for discipline irrespective of
whether you did anything wrong in the first instance.
A lay person brought up on charges under this new system will have two
choices: either quit and worship at another church down the street, or
scrape up lots of money to pay a canon lawyer who understands this
complicated process to fight for vindication.
Bluntly put, these proposed disciplinary canons are a disaster. This is
church discipline from hell. They are the product of a siege mentality by
an institution which seeks to stomp out opposition to the agenda of the
higher-ups by removing any laity who stand in their way. The very threat of
this process will make all but the most stout-hearted soul acquiesce.
The introduction to these proposed canons claim to help the laity
develop =93habits which can form all members of the Church in healthy and
responsible ministries and which can produce reconciliation and healing
when failures occur.=94 They will not do that. They will be mechanisms of
tyranny by bishops and other diocesan leaders against any laity who do not
do the bidding of the diocese, be it revisionist or traditionalist.
In the words of the proposed Canon IV.1 the leadership can under these new
rules =93hold each one accountable=94 for what they do in the church. And th=
ere
is no mechanism to stop a bishop who controls his diocesan judicial process
from =93disciplining=94 any lay person who opposes the bishop or the diocese=
on
any matter.
Traditionalist laity on a vestry in a revisionist diocese can be removed,
or for that matter, revisionist laity of a parish vestry in a
traditionalist diocese can be booted. Only canon lawyers will benefit from
these new rules. They will be an expensive mess for anyone else caught up
in this process. In a church which calls itself =93Christian=94 these propos=
ed
disciplinary canons should be =93dead on arrival=94 at the General Conventio=
n.
The supreme irony of all this is that today=92s Episcopal Church has shown
itself so dysfunctional that it cannot even discipline someone wearing a
miter since the days of Bishop Pike in the 1960s and Bishop Righter in the
1980s. So now we will take a crack a cleaning up the laity?
What will the deputies to the General Convention do with this draft of the
Proposed Canons. Maybe with all the discussion of the Windsor Report and
the confirmation of gay bishops, nobody will notice as it is quietly passed
into church law. But if they are smart and alert in Ohio in June they will
politely hand them back to Bp. Catherine Waynick and her =93professional
communicators=94 and say, =93thank you, but try again three years from now.=94=
Then if cooler heads prevail, church discipline against this canon lawyer
for publishing an essay which offended the bishop=92s canon visionary will
have to wait another day at least three years hence.
Raymond Dague is an attorney in Syracuse, New York, a member of St.
Andrew=92s in the Valley in Syracuse, and assistant chancellor to the bishop
of the Diocese of Albany.
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