Canons and Constitution

Page 2 

The member shall continue to serve until the completion of the Trial and the rendering of a Verdict thereon.

(3) Each year the Court shall elect from its members a Presiding Judge, who may be a Member of the Clergy or a lay person. The election shall be held within two months after Diocesan Convention.

(4) In any particular case, any member of the Court may be challenged for cause, either by the Church Attorney or by the Respondent. The members of the Court who are not challenged for cause shall determine the relevance and validity of such challenges, and their determination shall be final and non-appealable.

(5) Any Presentment filed with a particular Court by the Diocesan Review Committee shall be tried by that Court, even if a new Court is elected by Diocesan Convention before the matter has been concluded.

(6) If a vacancy occurs in the Court, either as provided in the Canons of General Convention or because a challenge to a member of the Court is sustained, the Standing Committee shall name a person to fill the vacancy until the next Diocesan Convention, when an election shall be held to fill the unexpired term. The person chosen to fill the vacancy shall be selected from a list of candidates otherwise qualified for election to the Court prepared by the Bishop. Vacancies shall be filled from persons of the same order as the person whose absence created the vacancy.

Section 6. Church Attorney. (1) The Diocesan Review Committee shall appoint, from a list of persons recommended by the Court, one or more Church Attorneys to act as the Diocesan Review Committee's representatives in the investigation and prosecution of Charges. A Church Attorney shall be a confirmed communicant in good standing, a member of a parish in communion with the Diocese, and a member of the Bar of the State of Maine.
(2) The Church Attorney may be compensated for his or her services or may donate them to the Diocese pro bono publico. If the Church Attorney is compensated, it shall be at a rate set in a written retainer agreement between the Church Attorney and the Diocese, not to exceed the customary prevailing rate for legal services of comparable attorneys in the Diocese of Maine. Whether or not the Church Attorney is compensated, the Diocese shall be responsible for reimbursing the reasonable and necessary disbursements and expenses incurred by the Church Attorney in carrying out the duties of Church Attorney.

(3) If no Church Attorney appointed pursuant to Sec. 6(1) of this Canon is able to serve in connection with a particular matter, the Diocesan Review Committee, in consultation with the Court, shall appoint a temporary Church Attorney to serve on that matter.

Section 7. Trial. (1) The Court shall adjudicate the case as provided in C.G.C. Canon IV.4 and in this Canon.

(2) No later than twenty days after service of the Presentment on the Respondent as provided in C.G.C. Canon IV.3.17, the Presiding Judge of the Court shall cause a Citation giving notice of the trial to be served on the Church Attorney and on the Respondent in the manner provided in C.G.C. Canon IV.14.17. The Citation shall notice the trial for a date not less than 60 nor more than 75 days from the date the Citation is served on the Respondent. If the Respondent has left the United States or other country or territory of Canonical Residence, and cannot be otherwise served, then the Court shall arrange to publish the Citation in three issues of a newspaper printed in the jurisdiction in which the Respondent is cited to appear; in such case, the Citation shall notice the trial for a date not less than three months from the last publication of the Citation.

(3) If the Respondent admits any charge when asked to plead pursuant to C.G.C. Canon IV.4.16, the admission shall be deemed a Waiver and Voluntary Submission to Discipline under C.G.C. Canon IV.2. In such a case, the Court shall conduct no further proceedings with respect to any charge so admitted, and the Bishop may immediately adjudge and pronounce sentence on the Respondent pursuant to C.G.C. Canon IV.12.3., with respect to the charges so admitted.

(4) If the Respondent fails without excuse to appear before the Court on the day appointed for trial, the Court shall enter a plea of not guilty to each Charge in the presentment and proceed to hear the evidence as if the Respondent were present.

(5) The Court shall hear evidence within the shortest possible time frame, and from day to day if possible.
(6) The Court shall have the power to establish rules and procedures for the conduct of cases in matters not covered by the applicable Federal Rules of Civil Procedure or the C.G.C.

(7) All members of the Court shall be present when testimony is heard.

(8) The members of the Court may examine the witnesses.

(9) Upon application of any party to the Presiding Judge, and it appearing that any material witness (i) cannot be produced at the trial, or (ii) cannot testify on the day produced because of the absence of one or more members of the Court, the Presiding Judge may authorize the taking of testimony of such witness by oral examination on oath before a Court Reporter and the submission of a transcript of said testimony to the Court. The party who asks permission to take testimony on oral examination shall give the adverse party at least five days' written notice of the time and place of taking the testimony, except that if a witness is present at the Court's meeting place on a scheduled trial date but the Court may not hear the testimony because of the absence of one or more members, the testimony on oral examination may be taken immediately, but no member of the Court may be present for the examination. Both parties may attend and examine the witness. The witness' answers shall be given under oath, and the questions and answers reduced to writing by the Court Reporter. The Federal Rules of Evidence shall apply to the examination, except that all objections of any nature shall be made at the time the testimony is taken and shall be noted in the transcript; any objection not asserted at the time the testimony is taken shall be deemed waived. The transcript of questions and answers, signed by the witness in the presence of a notary public or other official authorized to administer oaths, shall be transmitted to the parties and to the Presiding Judge of the Court by the Court Reporter. The Court shall rule on all objections when the transcript is presented for its consideration.

Section 8. Sentence. (1) The Court shall adjudge sentence pursuant to C.G.C. Canon IV.5.23-26. Notwithstanding anything in Canon IV.5.23, the period for adjudging sentence shall be extended until Respondent has been professionally assessed for fitness to continue in ministry in any case where such assessment is required by the Bishop prior to sentencing. The report of any such assessment shall be made available to the Court prior to the vote on the sentence.

(2) Prior to adjudging sentence, the Court shall receive and consider statements from the Victim(s) and/or Complainant(s), and also from any parish or institution affected by a Conviction, if any are offered.

(3) The Bishop shall pronounce sentence on the Respondent as provided in C.G.C. Canon IV.12. Nothing in this Canon or any Canon of the General Convention shall be deemed to prohibit the Bishop from issuing such pastoral direction to the Respondent as, in the Bishop's best judgment as canonical overseer and chief pastor of the Respondent, are necessary for the Respondent's spiritual welfare.

Section 9. Service of Papers. Service of a written notice or other paper provided for by this Canon, other than the Citation giving notice of the time and place of trial, shall be made by any means authorized by the Federal Rules of Civil Procedure for the Service of Papers other than a summons and complaint.

Section 10. Definitions. In addition to the definitions set forth in C.G.C. Title IV, Canon 15, the following definitions shall apply to this canon:

"Consider the Charge" shall have the meaning ascribed to it in Section 4(2) of this Canon 25.

"Imputation of Misconduct" shall mean that an allegation that an Offense has been committed by a Member of the Clergy has been made in a form other than by a written Charge lodged with the Diocesan Review Committee.

"Sufficient Reason" shall mean that there exists a credible basis for believing that a Charge or Imputation of Misconduct against a Member of the Clergy may be true.

CANON 26
Of the Diocesan Review Committee

Section 1. Establishment There shall be in this Diocese a Diocesan Review Committee (the "DRC") to act for the Diocese in disciplinary proceedings under Title IV of the Canons of the General Convention and Canon 25 of these Canons.

Section 2. Members The DRC shall consist of three Priests or Deacons and two lay persons. The Diocesan Convention of 2001 shall elect one Priest or Deacon to a three year term, one Priest or Deacon to a two year term, one Priest or Deacon to a one year term, one lay person to a 3 year term, and one lay person to a two year term. Thereafter, the members of the DRC shall be elected by the Diocesan Convention for three year terms.

Section 3. President Each year the DRC shall elect from its members a President who may be a Member of the Clergy or a lay person. The election shall be held within two months after Diocesan Convention.

Section 4. Challenges In any particular case, any member of the DRC may be challenged for cause, either by the Church Attorney or by the Respondent. The members of the DRC who are not challenged for cause shall determine the relevance and validity of such challenges, and their determination shall be final and non-appealable.

Section 5. Vacancies If a vacancy occurs in the DRC, the Standing Committee shall name a person to fill the vacancy until the next Diocesan Convention, when an election shall be held to fill the unexpired term. The person chosen to fill the vacancy shall be selected from a list of candidates otherwise qualified for election to the DRC prepared by the Bishop. Vacancies shall be filled from persons of the same order as the person whose absence created the vacancy.

Part VII - The Canons 

CANON 27
Of Amendments to the Canons

Section 1. The Canons may be altered, or new Canons may be added at the Annual Convention by vote of a majority of each Order.

Section 2. But no existing Canon shall be changed, and no new Canon shall be enacted, on the day on which the change or enactment may be proposed, unless such change or enactment shall have been referred to and reported upon by a committee of at least two Presbyters and two laymen.

Section 3. The Secretary of the Diocese, with any member of the Committee on Canons selected by such Committee, shall at the close of each Annual Convention, certify the changes made in the Constitution and in the Canons, and the Secretary shall print the same in the Journal.

CANON 28
Of the Repeal of Former Canons

All former Canons of this Convention are hereby repealed.

RESOLUTIONS ADOPTED BY THE CONVENTION

Annual Financial Reports

Resolved: That the Bishop, the Trustees of Diocesan Funds, the Trustees of the Maine Episcopal Missionary Society, and all Trustees holding property for the benefit of Parishes and Missions be requested to report annually to the Convention a list of all the property held by them and that said reports be printed in the Journal (Journal, 1903, p. 12).

Diocesan Auditors

Resolved: That a Board of Auditors, consisting of three persons, at least one of whom shall be skilled in account, shall be appointed by the Bishop at each Convention, to hold office until the next Convention, to whom all reports of Treasurers of Diocesan Funds shall be submitted at least one week before the meeting of Convention.

Resolved: That the Bishop shall have power to fill any vacancy arising in such Board between session of Convention, in consequence of death, removal from the Diocese, or resignation (Journal, 1904, p. 17).

Printing of Constitution and Canons

Resolved: That the Constitution and Canons of the Diocese be printed as a supplement to the Journal of 1910, and in the future, every fifth year (Journal, 1910, p. 26).

Commission on Church Architecture

Resolved: That a Commission on Church Architecture be appointed by the Bishop, to have supervision of the plans and specification for the erection of buildings, with aid from the Diocese (Journal, 1912, p. 20)

Changes in Constitution or Canons

Resolved: A copy of any proposed change in the Constitution and Canons must be submitted to the Diocesan Office at least one week before the Convention in which the proposed change is to be introduced so that copies of the text can be made for circulation at that Convention (Journal, 1947, p. 43).

SPECIAL LAWS OF MAINE

Note: We are printing here a current summary of the Special Laws of Maine prepared from the statutes passed from time to time by the State Legislature. The year in which the act was passed, the year of any subsequent amendments and the number of the statute are recorded under each subject.

ORGANIZATION OF PARISHES

Private and Special Laws of 1869, Chapter 180 (as amended by P&SL 1897, cc. 374, 564; P&SL 1899, cc. 5; P&SL 1921, c. 22; P&SL 1941, c. 7; P&SL 1967, c. 90; P&SL 1969, c. 53; P&SL 1973, c. 32; P&SL 1977, c. 11; P&SL 1994, c. 70)

Section 1. Any five or more persons professing attachment to the Protestant Episcopal Church, may execute and acknowledge before any Justice of the Peace an agreement in writing, whereby they shall agree to organize a parish to be maintained in accordance with the canons, doctrines, discipline and worship of the Protestant Episcopal Church.

Section 2. The agreement must also contain the name or title by which the parish is known which must be as follows: "The rector, wardens and vestry of **** Church in ****, but no parish may be organized in any town or city, bearing the same name with any other Protestant Episcopal Church already organized in that town or city; the town or city and county in which it is located; the number of members of the vestry not exceeding 11; and the time of the annual meeting, which must be at the time designated by the parish.

Section 3. When said agreement is duly signed and acknowledged it shall be recorded in the registry of deeds of the County in which the church is located.

Section 4. Any 2 or more persons who have signed the agreement, may call the first meeting of the parish, at such time and place as they may see fit, by publishing a notice for 5 days previously to the time fixed for that meeting, in some newspaper published in the town or city in which that church is located, and if no newspaper is published in that town or city, then the notice may be given by posting the notice in two public places in that city or town, and at such a meeting the affidavit of notice publishing or posting must be recorded in the minutes; at such a meeting, in addition to the signers of that agreement, any person of full age is entitled to vote, who shall sign a declaration, in writing to be kept in the book of minutes, whereby that person signifies the intention to be attached to the church and accepting the terms of the agreement. At such a meeting 2 wardens and the required number of members of the vestry may be elected, or at any adjournment of such a meeting.

Section 5. At all subsequent meetings, the right of voting is confined to the persons who became actually entitled to vote at the first meeting, and to such other persons who are at least 15 years of age as have, during the previous three months, been stated worshippers in the church and stated contributors to its support, and have signed the written declaration referred to in Section 4. Any such person, male or female, is entitled to be elected a member of vestries, or a delegate to diocesan or general convention. Any such person, male or female, is entitled to be elected warden, if that person is at least 20 years of age.

Section 6. The elected wardens and members of the vestry, 2/3 of the wardens and members of the vestry concurring in the choice, may choose some fit person, duly qualified, to act as minister or rector of the church agreeably to the constitution of the Protestant Episcopal Church in the United States of America; their choice must be submitted to the parish for approval and if approved by a majority of those present, at any duly called parish meeting, the person so elected is the rector or minister of the parish. Whenever a vacancy occurs in the office of minister or rector by death, removal or otherwise the wardens and members of the vestry may elect a successor in the mode provided.

Section 7. The annual meeting must take place at such time as the parish designtes. The election of the requisite number of wardens and members of the vestry must be held at the annual meeting. The wardens and members of the vestry elected at the annual meeting serve until the next annual meeting and until their successors are chosen.

A parish may, by special vote, provide that the members of the vestry chosen at a specified time must be divided into classes holding office for one, 2 and 3 years respectively and that thereafter the term of a member of the vestry, except to fill vacancies, is for 3 years. A parish may also, by special vote, provide that a member of the vestry may not be reelected at the end of a full 3-year term of office until an interval of at least one year occurs.

Section 8. The rector, wardens and vestry constitute a body corporate and politic, with all the rights and liabilities pertaining thereto, except as otherwise provided in this Act. If at any time the parish is without a minister or rector, the same rights and privileges are vested in the wardens and vestry.

Section 9. The rector, wardens and members of the vestry, or a majority of them, may make rules, bylaws and ordinances and do everything needful and requisite for the good government and support of the parish. The rules, bylaws and ordinances may not be repugnant to the constitution and laws of this State or of the United States. A vacancy in the vestry may be filled by the members of the vestry at any meeting, and the person elected to fill such a vacancy serves for the remainder of the unexpired term.

Section 10. All the temporal affairs of the parishes are managed by the rector, wardens and vestries of those parishes, and they have authority to alter, erect, repair, enlarge, and in case they determine it necessary to take down or remove and rebuild any church or other building belonging to the corporation.

Section 11. It shall be lawful to such corporations to hold real estate to such an amount as shall be reasonably necessary for church, lecture or school rooms, for dwellings for the ministers thereof, for hospitals or charitable purposes, but it shall not be lawful for such corporations to hold or use any real estate for any other purposes.

Section 12. Any parish of the Protestant Episcopal Church, organized under any other general law may reorganize, so as to become subject to the provisions of this Act, whenever the parish at any duly called parish meeting authorizes the wardens and members of the vestry to execute and acknowledge an agreement as provided in this Act, which agreement must in addition to the requisites mentioned in section 1, set forth that it is executed for the purpose of reorganizing the parish according to the provisions of this Act. Such an agreement is deemed sufficient when so executed and acknowledged by a majority of such wardens and members of the vestry and recorded in the registry of deeds.

Section 13. Upon the execution, acknowledgment and recording of an agreement, the parish, without further action, is deemed to all intents and purposes reorganized, and all rights of property and of contract is remain unimpaired, and the corporate identity of the parish continue unchanged. The wardens and members of the vestry in office continue in those offices until the annual election next following the reorganization, and until a new board is chosen, and no other meeting or notice is necessary to complete the reorganization. When a new board is chosen, it must consist of the number of members of the vestry required by the articles of reorganization.

MAINE EPISCOPAL MISSIONARY SOCIETY

Private and Special Laws of 1835, Chapter 556 (amended by P&SL 1840, c. 31; P&SL 1875, c. 11; and P&SL 2003, c. 13).

The Maine Episcopal Missionary Society is a "body politic": incorporated under the laws of the State with all the usual power and privileges of corporations, to receive and dispense funds "to the sole use and purpose of diffusing Christian Knowledge, in such manner as the said Corporation shall judge will best promote and answer the design of their incorporation". It is the corporate arm of the Diocese of Maine, through which the Diocese conducts its business transactions.

TRUSTEES OF DIOCESAN FUNDS

Private and Special Laws of 1849, Chapter 229 (as amended by P&SL 1864, c. 311; P&SL 1880, c. 214; P&SL 1895, c. 106; P&SL 1897, c. 452; P&SL 1917, c. 163; P&SL 1967, c. 31; P&SL 1994, c. 70)

The Trustees of Diocesan Funds are a body incorporated under the laws of the State "to take and hold real and personal estate contributed for parochial endowments or other church purposes," including the support or salary of the Episcopate. They "manage and dispose of the same in accordance with the terms of the several gifts, grants or endowments": and "keep an account with each endowment or gift comprising the fund, and shall report their actions in managing the fund and the condition of the fund, to the convention of the diocese annually."

BISHOP AS CORPORATION SOLE

Private and Special Laws of 1893, Chapter 534.

Section 1. The Bishop holding, under the Canons, laws and regulations governing the Protestant Episcopal Church in the United States of America, the office of Bishop, of said Church in the Diocese of Maine for any time being, and his successors in said office, are hereby declared to be a Corporation Sole.

Section 2. Said Corporation has power and is authorized to take, hold, manage and convey real and personal estate for any purpose connected with the uses, purposes, usages, rites, worships, discipline and government of the Protestant Episcopal Church in said United States or in said Diocese, or of any parish, mission or society in communion or connection therewith.

Section 3. In case of any alteration in the official designation of said Protestant Episcopal Church in the United States of America, whereby under any laws or regulations governing said Diocese, the official style of said Bishop shall also become changed, such change shall not affect the existence and succession of said corporation sole, but the same shall continue under the name and style conforming to such change.

Section 4. All deeds of real estate heretofore given to the Bishop of the Protestant Episcopal Church in the Diocese of Maine, and his successors in said office, are hereby declared to be valid instruments, and to vest the title to the estate therein described in the said Bishop and his successors as a Corporation Sole as aforesaid; and all the effect and force intended by the parties to any such deed shall be given thereto, according to the purport and provisions thereof.

CONSTITUTION OF THE CATHEDRAL CHURCH OF ST. LUKE

ARTICLE I

Section 1. The Chapter of the Cathedral Church of Saint Luke, Portland, to be constituted as hereinafter provided, shall be the Trustees of said Church as provided in the Act of Incorporation of the same, approved February 24, 1879.

Section 2. The Chapter shall consist, when complete, of:

The Bishop of the Diocese;

The Priests permanently ministering in the Cathedral, not exceeding two, who shall be known as Resident Canons;

Three Canons who shall be Priests of the Diocese in active duty, and who shall be designated as Precentor, Missioner and Sacrist;
The Standing Committee of the Diocese;

The Wardens of St. Luke's Church, Portland, and

Nine Laymen of same.

Section 3. Seven members shall constitute a quorum of the Chapter for the transaction of all business; provided, that such quorum shall include the Bishop, or in his absence a Resident Canon, and not less than two other clerical and three lay members.

Section 4. The Senior Resident Canon present shall be, in the absence of the Bishop, the presiding officer at all meetings of the Chapter.
Section 5. The annual meeting of the Chapter shall be held at the Cathedral on the day preceding that appointed for the Annual Convention of the Diocese; and stated and special meetings as may be provided in the bylaws.

ARTICLE II

Section 1. The Resident Canons shall be appointed by the Bishop with the approval of the Wardens and Vestrymen of St. Luke's Church, Portland, in accordance with the Instrument of Donation of the Cathedral. They shall be subject to removal only by the Bishop, acting with the approval of the said Wardens and Vestrymen, or of the Chapter.

Section 2. The Bishop may, at his discretion, appoint one of the Resident Canons as Dean of the Cathedral, to have under him the superintendence of all services and pastoral duty and to rank as Senior Canon, without regard to the date of his appointment.

Section 3. Three Canons shall be elected by the Annual Convention of the Diocese on the nomination of the Bishop, from the Priests in active duty of not less than five years' canonical residence. At the first election they shall be divided by lot into three classes, to hold their office for one, two, and three years respectively; after which one Canon shall be similarly nominated and elected at each Annual Convention, and shall hold his office for three years, and until his successor be duly chosen. Vacancies in the office of Canon shall be filled only by nomination and election at the Annual Convention, as provided above. When a Canon shall retire for any reason from the active ministry he shall thereupon relinquish his Canonry.

Section 4. The Bishop may appoint such Honorary Canons as he shall from time to time see fit, and shall announce their appointment to the Annual Convention. Honorary Canons shall relinquish their title when they cease to be canonically resident in the Diocese.

Section 5. The Nine Lay Members of the Chapter who, with the Resident Canons and the Wardens, shall represent therein the Parish of St. Luke's, Portland, shall be freely chosen by the parishioners of the same qualified to vote for Wardens and Vestrymen, from their own number, at their Annual Meeting. At the first election the nine thus chosen shall be divided by lot into three classes, to serve for one, two, and three years respectively; and at each subsequent Annual Meeting three shall be elected, qualified as above, to serve for three years. Vacancies occurring before the expiration of such term of office shall be filled only by the parishioners aforesaid, at an Annual or Special meeting; and each vacancy shall be created by the choice of any member by election as Warden of the Parish.

ARTICLE III

Section 1. The Chapter constituted and appointed as above provided, shall hold the property of the Cathedral under its Charter, in Trust. First, for the use and benefit of the congregation ordinarily worshipping therein, and under the terms of the Instrument of Donation of the same; and Secondly, for all Episcopal and Synodical functions appertaining to the Bishop and Diocese of Maine, and appropriate to a Cathedral Church.

Section 2. For all such purposes, and all other purposes consistent with the Instrument of Donation and Act of Incorporation of the Cathedral, and the laws and usages of the Church, the Bishop, Resident Canons, and the Wardens and Vestrymen of St. Luke's Church, Portland, shall constitute the Lesser Chapter and shall be the ordinary Custodians of the Cathedral, receiving all revenues not specially appropriated by the donors thereof, and providing for all expenses connected with the support of its clergy and other officers the due maintenance of public worship, and the care of the buildings and grounds, and all other property thereto belonging.

Section 3. The Lesser Chapter aforesaid shall annually, on the day immediately preceding the Annual Convention, report to the Chapter, in detail, the condition of the Cathedral and its property, and all receipts and expenditures connected with the same; and such report shall be laid by the Chapter before the next Annual Convention of the Diocese. A similar report shall be made to the Parish at its Annual Meeting.

Section 4. The Lesser Chapter shall meet from time to time on the appointment of the Bishop or Senior Canon, or at the call of any two members, and shall be the Bishop's Council of Advice in regard to the ordinary duties and services of the Cathedral.

Section 5. The Bishop, or in his absence the Senior Canon present, shall preside at all meetings of the Lesser Chapter; but in all other respects the Chapter may determine its own rules of proceeding and bylaws, subject in all cases to the Bishop's approval.

ARTICLE IV

This Constitution may be altered or amended at any meeting of the Chapter by a vote of a majority of all the members of the same, with the approval of the Bishop; provided, that a written proposition for such alteration or amendment shall have been approved by vote of a majority of those present at a meeting held not less than one month previous to such final action.