Civil litigation is the only recourse available when the canons of The Episcopal Church are not honored, according to two officers of Executive Council who recently wrote to a group of retired bishops.

 

Last summer four retired bishops—C. Fitzsimons Allison of South Carolina, Maurice M. Benitez of Texas, Alex D. Dickson of West Tennessee, and William Wantland of Eau Claire—wrote a series of letters to Executive Council requesting publication of the amount of money spent to date on legal and court fees in church property disputes and pleading with council to stop suing congregations that have left. The bishops also took issue with a resolution approved by the council which declares “null and void” canonical amendments approved by dioceses to qualify or remove language which subordinates the diocesan canons to those of the national church. A fifth retired bishop, Milton L. Wood, suffragan of Atlanta, subsequently asked to have his name added to the second letter.

 

“We reiterate that the Executive Council has no wish or intention to ‘level charges’ or to ‘threaten litigation,’ said Josephine Hicks and John Vanderstar. “But we and the presiding officers have a responsibility to protect the assets of The Episcopal Church and to preserve its structure. That structure, as set forth in the constitution and canons, confers on the General Convention the sole authority to make changes in the identity and responsibilities of dioceses. Unilateral actions by diocesan leadership that are contrary to the constitution and canons should not be tolerated by any active or retired bishop.”

 

Josephine Hicks is chairwoman of the Administration and Finance committee of Executive Council. John Vanderstar is the chairman of the National Concerns committee. Both are lawyers.

 

While declining to provide the actual sum spent on litigation, Ms. Hicks and Mr. Vanderstar said, “We give you our professional opinion that the church is receiving extraordinary value for the funds it does spend.”

 

Episcopal News Service contributed to this report.

 

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