PECUSA's Lawlessness Continues

Network Chancellor Says PB Violated Canons, Defamed Retired Episcopal Bishop
Chronicle of Abuse and Arrogance Worst in Episcopal Church History, says Church
Attorney

News analysis

By David W. Virtue
www.virtueonline.org
4/3/2008

An attempted knockout blow, aimed at the Rt. Rev. William J. Cox, a retired
Episcopal bishop, failed to fell the 86-year old prelate. The ultra-liberal
Presiding Bishop of the Episcopal Church, Katharine Jefferts Schori has been
publicly challenged to withdraw the deposition on grounds she violated the
canons.

The PB and her attorney, David Booth Beers, have earned the title of the
Episcopal Church's Laurel and Hardy over their handling of the depositions of
multiple bishops. The worst case is this godly bishop, who has given more than
40 years of service to the Episcopal Church. His deposition came as his wife
lies seriously ill with Alzheimer's.

The challenge to Mrs. Schori's actions comes from R. Wicks Stephens II,
chancellor for the Anglican Communion Network, and legal counsel to Bishop
William Cox. He has challenged the deposition as "the defamation of Bishop Cox."

Stephens wrote to both Mrs. Jefferts Schori and David Booth Beers saying their
interpretation of Canon IV.9.2 was "without effect and void" and, "demanding
that she make right the wrong" and to immediately withdraw "your pronouncement."

According to Stephens, the purported deposition did not receive the required
consent of a majority of the whole number of Bishops entitled to vote on the
measure.

Stephens accused Chancellor David Booth Beers of what amounts to a revisionist
reading of the canon. "When Canon IV.9.2 clearly and unambiguously calls for a
majority of 'the whole number of Bishops entitled to vote,' it means precisely a
majority of the whole number of Bishops entitled to vote (see, Art.I.2), and not
a mere majority of those present at the time"

"In light of the foregoing, demand is hereby made that you right the wrong by
which you have defamed Bishop Cox by immediately withdrawing your pronouncement
of deposition and that you publish your withdrawal in the same manner and to the
same extent you have published your wrongful actions."

To date the Presiding Bishop has shown no interest in doing so.

"For years, the leadership of The Episcopal Church has presented itself as a
scrupulous defender of the Canons and polity. It is sad, but hardly shocking, to
see they never really meant it," said Canon Daryl Fenton, chief operating
officer for the Network.

The truth has emerged that there were numerous canonical violations committed
with regard to the proceedings in the HOB, the most significant being the lack
of votes necessary to depose Cox.

Church Attorney A. S. Haley, writing at her blog the Anglican Curmudgeon, said
that Mrs. Jefferts Schori has committed not one but five violations of the same
Canon! "For having occupied her office for such a short time, it is truly a
remarkable record with violations and manifold abuses in just one case, that of
the Rt. Rev. William J. Cox."

"In July 2006, before +Schori took office as Presiding Bishop, then Presiding
Bishop Frank Griswold received allegations that the Rt. Rev. William J. Cox, the
retired assisting Bishop of the Diocese of Oklahoma, had ordained to the
ministry three candidates on behalf of, and at the express request of, the Most
Reverend Henry Luke Orombi, Archbishop of the Anglican Province of Uganda.
Bishop Cox's supposed offense consisted of performing the ordinations in June
2005 at Christ Church of Overland Park, Kansas, which earlier in 2005 had left
the Diocese of Kansas (after agreeing to purchase its assets from that Diocese
for one million dollars) and had affiliated with the Province of Uganda. Bishop
Wolfe of Kansas then joined with Bishop Moody of Oklahoma in bringing charges
against the 85-year-old Bishop Cox, which Presiding Bishop Griswold forwarded to
a disciplinary Review Committee under Title IV of the Church Canons. The Review
Committee had not completed its investigation by the time that +Griswold's term
expired in November.

"One of the acts of +Schori at her first meeting presiding over the House of
Bishops in March 2007 was to announce that she had received the certification of
the charges by the Review Committee and that Bishop Cox, then at age 86 the
oldest living Bishop of the Episcopal Church, would be placed on trial for the
ordinations at Christ Church. Rather than face such an ordeal with his
85-year-old wife, who has Alzheimer's Disease, Bishop Cox sent Bishop Schori a
letter of resignation from the House of Bishops on March 28, 2007. What did
+Schori do in response? Noting that the letter stated that Bishop Cox intended
to continue his "episcopal ministry" under the ecclesiastical authority of the
Presiding Bishop of the Southern Cone, she promptly referred his letter of
resignation to the Title IV Review Committee and asked it to determine this time
whether he had "abandoned the communion of this Church" within the meaning of
Canon IV.9 (which provides for an investigation, but not a full-blown trial).
The Committee duly obliged with a certification of abandonment in a letter to
+Schori written on May 29, 2007.

"In the first of many canonical violations to follow, Presiding Bishop Schori
inexplicably failed to carry out her duties under Canon IV.9:

"The Canon says: 'If a Bishop abandons the communion of this Church . . . it
shall be the duty of the Review Committee . . . to certify the fact to the
Presiding Bishop and with the certificate to send a statement of the acts or
declarations which show such abandonment, which certificate and statement shall
be recorded by the Presiding Bishop. The Presiding Bishop, with the consent of
the three senior Bishops having jurisdiction in this Church, shall then inhibit
the said Bishop until such time as the House of Bishops shall investigate the
matter and act thereon. . . .'

"Presiding Bishop Schori was told on May 29, 2007 that the Review Committee had
certified that Bishop Cox had "abandoned the communion of this Church" by
resigning from the House of Bishops and submitting to the jurisdiction of the
Anglican Province of the Southern Cone. Let us pass over for the moment the
utter absurdity of such a finding in the case of such a saintly bishop (I will
address the abuses of Canons IV.9 and IV.10 in a later post), and focus on the
sequence of events. Despite receiving the certification, +Schori failed to
secure the consent of the three senior bishops having jurisdiction to inhibit
Bishop Cox, and she inexplicably sat on the certification for over seven
months---until she informed Bishop Cox of it in a letter written on January 8,
2008. Yet the Canon says (with italics added for emphasis):

"'The Presiding Bishop . . . shall forthwith give notice to the Bishop of the
certification and Inhibition.'

"How can a seven-month delay in notification meet the requirement of
'forthwith'? It cannot. Apparently the delay occurred because +Schori could not
get the consent of 'the three senior bishops having jurisdiction in this Church'
to Bishop Cox's inhibition, and at a press conference concerning the matter this
past March 12, that was the impression she initially gave. If so, the senior
bishops are to be commended for trying to act as a brake on +Schori's
determination to depose Bishop Cox, but one of the three senior bishops admitted
to George Conger that 'he had never been asked' to consent to Bishop Cox's
inhibition.

"Canon IV.9 goes on to make clear that only a Bishop who has first been
inhibited 'will be liable to deposition' under its procedures:

"Unless the inhibited Bishop, within two months, makes declaration by a Verified
written statement to the Presiding Bishop, that the facts alleged in the
certificate are false or utilizes the provisions of Canon IV.8 or Canon
III.12.7, as applicable, the Bishop will be liable to Deposition.

"Schori's second major violation of this canon is that she had no authority
under it to require Bishop Cox to make a verified declaration refuting the
allegations within 60 days, or else to face a vote of deposition in the House of
Bishops. Her letter to him of January 8 not only was written seven months too
late, but it was a complete abuse of her canonical authority to write it at all.

"Not content with violating Canon IV.9 twice in the space of eight months,
Presiding Bishop Schori violated it a third and a fourth time just two months
later, at the recent meeting of the House of Bishops at Camp Allen in Navasota,
Texas from March 9-12. She violated it by proposing that the House consent to
her deposition of Bishop Cox when she had not been successful in having him
inhibited, and then, on March 12, she violated the following language of the
Canon (presented in bold for emphasis) in announcing the results of the
unrecorded voice vote:

"'(If the inhibited Bishop does not satisfactorily refute the charges of
abandonment, then) it shall be the duty of the Presiding Bishop to present the
matter to the House of Bishops at the next regular or special meeting of the
House. If the House, by a majority of the whole number of Bishops entitled to
vote, shall give its consent, the Presiding Bishop shall depose the Bishop from
the Ministry, and pronounce and record in the presence of two or more Bishops
that the Bishop has been deposed.'

"There were only 131 out of the total of 294 bishops entitled to a seat and a
vote in the House of Bishops who registered for the meeting at Camp Allen in
March. Of those, at least 15 had left by the morning of the last day of the
session, on March 12, and by the time the resolution to depose came up for
discussion some hours later, only 68 active bishops (plus an undisclosed number
of retired bishops) answered the roll call. (Sixty-eight active bishops is the
minimum number required to constitute a quorum of the current House of Bishops!)

"By the language of the Canon quoted in bold above, which has not changed
substantively in meaning since the first version was adopted in 1853, a majority
of 294, or 148, votes were required to make a valid consent to Bishop Cox's
deposition as of March 12, 2008. Even if the vote had been unanimous (and the
Secretary of the House of Bishops agrees that it was not), it would have fallen
at least 32 votes short of the majority required if there were 116 present, and
by far more if the number had dropped to 68 plus a few retired bishops, as
reported.

"This did not stop Presiding Bishop Schori from announcing immediately that
Bishop Cox (and Bishop Schofield, who will be the subject of a separate post)
would be deposed in accordance with the untallied voice votes in favor of the
resolution---and thus she committed her fourth violation of Canon IV.9, by
claiming that she and the House of Bishops had followed its requirements. A few
days later, she added her fifth and final violation of this Canon (in just the
case of Bishop Cox!) by signing, in the presence of two other bishops, a
declaration of deposition. Even that latter document, however, was replete with
errors and misstatements: Bishop Cox is described as 'the Bishop of Maryland,
Resigned', when he was never the diocesan, but rather the suffragan, Bishop of
Maryland, and he was the assisting bishop of Oklahoma, not Maryland, when he
retired in 1988. Finally, the declaration of deposition is defective on its
face: it never recites that he was inhibited before being deposed, as required
by Canon IV.9 in clear language.

"The Bishop responsible for the current revision of the Canons evinced no more
of an understanding of the failures to follow the process than did Katharine
Jefferts Schori."

"This is a sorry, sorry chronicle of abuse and arrogance, probably not exceeded
at any time in the history of the Episcopal Church since the days of Archbishop
Laud. All who played any part in it, as well as those who are urging that the
result be left to stand as is, warts and all, are covered in a shame that ought
to be intolerable for an ordinary mortal, let alone one who has been consecrated
to holy orders," concluded Haley.

Commenting on the deposition of Bishop Cox, liberal Indianapolis Bishop
Catherine Waynick said that "while the 'canons may need to be clarified, what
does not seem to need clarifying' was that 'William Cox willfully violated the
canons by functioning where he had specifically been asked not to.'" She thus
pronounced him guilty of charges that were never brought to trial, and which
formed no part of the reasons for his supposed deposition.

"It sounds to me like the House of Bishops was so anxious to Depose Bishops' Cox
and Schofield, that they simply skipped reading the Canons, and decided to hang
'em anyway!" said the Rt. Rev Maurice M. Benitez retired Bishop of Texas.

Network Attorney Stephens told VOL that the letter puts the ball in Mrs.
Schori's court. "Let's see what happens."

The full text of Chancellor Stephen's letter can be seen here.
http://www.acn-us.org/etc/2008/re-cox.pdf

END