A107 Amend Canon IV.19.12
While Respondents are not required to be represented by counsel at any point in Title IV matters, those who choose to be so represented have a reasonable expectation that they will be well-served by their counsel. In recent years, the unanticipated withdrawal of counsel chosen by respondents has created significant hardship in the administration of Title IV matters. Unlike in the practice of secular law, where ethically concerning behavior by attorneys is subject to professional discipline, The Episcopal Church’s clergy disciplinary process lacks any way of enforcing sanctions upon attorneys once they are no longer representing participants in a Title IV process. This resolution amends the canons to bar from any future representation of respondents an attorney who withdraws from representing a Respondent without permission of the relevant Panel. This will provide the strongest possible protections the canons can offer to protect respondents from being abandoned by their attorneys, and to protect injured parties and other affected individuals and communities from the potential delays in final adjudication associated with unanticipated or untimely attorney withdrawals.
Explanation
While Respondents are not required to be represented by counsel at any point in Title IV matters, those who choose to be so represented have a reasonable expectation that they will be well-served by their counsel. In recent years, the unanticipated withdrawal of counsel chosen by respondents has created significant hardship in the administration of Title IV matters. Unlike in the practice of secular law, where ethically concerning behavior by attorneys is subject to professional discipline, The Episcopal Church’s clergy disciplinary process lacks any way of enforcing sanctions upon attorneys once they are no longer representing participants in a Title IV process. This resolution amends the canons to bar from any future representation of respondents an attorney who withdraws from representing a Respondent without permission of the relevant Panel. This will provide the strongest possible protections the canons can offer to protect respondents from being abandoned by their attorneys, and to protect injured parties and other affected individuals and communities from the potential delays in final adjudication associated with unanticipated or untimely attorney withdrawals.