Writing to the senior bishop on the Title IV [Disciplinary] Review Committee on behalf of three colleagues on June 29, the Bishop of California accused the Rt. Rev. John-David Schofield, Bishop of San Joaquin, citing three examples as evidence that Bishop Schofield has abandoned the communion of The Episcopal Church.

According to the Rt. Rev. William E. Swing, Bishop Schofield has 1) “purported” to delete the “required” accession language from the diocesan constitution, 2) amended “the articles of incorporation of the Diocese of San Joaquin with respect to the approvals required prior to the installation of a new bishop,” and 3) sought recognition from other provinces of the Anglican Communion “on a bilateral basis and not through the membership of the Diocese of San Joaquin in ECUSA.” The letter asks that Bishop Schofield be inhibited until the House of Bishops can investigate and act.

“You have led your diocese to take actions that put all Episcopal dioceses in the State of California in jeopardy,” Bishop Swing wrote to Bishop Schofield on June 22, asking him to reverse the changes. “I am not talking about interpretation of scripture or theological points of view. I am specifically talking about your legal language. All Episcopal dioceses in California are questioned by the court system as to whether or not we are a hierarchical church. You have taken unilateral actions that destroy any chance that the rest of the Episcopal dioceses in California could ever argue that we are a hierarchical church. That will create chaos for all of us for all time.”

There are six Episcopal dioceses in California. The Diocese of El Camino Real is currently being served by an assisting bishop, the Rt. Rev. Sylvestre Romero-Palma. At its annual meeting last October, delegates to San Joaquin’s convention approved the second reading of a change to Article II of its constitution to state that it “accedes to” the Canons and Constitution of the General Convention “to the extent that such terms and provisions” are “not inconsistent with the terms and provisions of the Constitution and Canons of the Diocese of San Joaquin.” San Joaquin is the only one of the six California dioceses with such a clause, but none of the other five diocesan constitutions contain language for electing a bishop envisioned for San Joaquin by Bishop Swing.

The revision to the San Joaquin constitution and canons began several years ago and was undertaken to update portions that had not been amended since 1911 when the San Joaquin was still a missionary diocese. Bishops for missionary dioceses are appointed by General Convention. San Joaquin became a full-fledged diocese during the 1960s and consent to Bishop Schofield’s election was received from the 69th General Convention which met in Detroit.

“The amendment filed by Bishop Schofield states that the only requirement for installation is that a new bishop must be someone in ‘Apostolic Succession’,” Bishop Swing wrote on June 29. “Thus, if the Diocese of San Joaquin elects an individual who has been consecrated anywhere within the Anglican Communion (or arguably any other denomination that claims to be in ‘Apostolic Succession’), then that individual is eligible to serve as the bishop of the Diocese of San Joaquin, without further action by ECUSA’s House of Bishops, by a majority of the diocesan standing committees, or by the General Convention’s House of Deputies.”

Diocesan constitution and canons vary widely throughout The Episcopal Church. Of 21 surveyed by The Living Church, only three (Kentucky, South Dakota and Southern Ohio) contain language specifically deferring to the Constitution and Canons of the General Convention in the article describing the election of a bishop. In addition to San Joaquin, several other traditionalist dioceses have approved language qualifying accession to the Canons and Constitution of the General Convention. A number of others, however, (including Central New York, Southern Virginia and Washington) do not specifically state that the diocesan constitution and canons are subordinate to those of the General Convention.

Steve Waring

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