Model Presentment Against Bishop Andrew Smith of Connecticut
Brad Drell @ 8:20 pm

While not in the form of a presentment (although if you need one, you can get a form here), here is my legal analysis of the various violations on the Canons by Bishop Smith in his recent actions as regards St. John’s, Bristol, Connecticut. None of these violations are doctrinal (due to Stanton v. Righter), and so this isn’t a very exciting document, to be sure. But, if you recall the movie, the Untouchables, while tax evasion isn’t sexy, it put Capone away. While these offenses aren’t as sexy as holding a doctrine contrary to the church, they might actually stick.
All Canonical cites are from Canon IV of the Canons of the Episcopal Church, unless otherwise stated.

Canon 1, Section 1, lists offenses.

Subsection (f) is the violation of the canons of a local Diocese. Canon I of the Diocese of Connecticut provides in part: “Section 9. The property and all business affairs of the Parish shall be subject to the direction, management, and control of the Vestry; except that the election of a Rector, the disposition of the real estate of the Parish and the borrowing or lending of money shall not he within the control of the Vestry, unless by special vote of the Parish: provided, that in accordance with Title III, Canon 14, Section 1(c.) of the “Canons of the General Convention, the Rector shall at all times, be entitled to the use and control of the Church and Parish buildings, with the appurtenances and furniture thereof, for the purposes of his office and for the full and free discharge of all functions and duties pertaining thereto.” Bishop Smith has unlawfully interfered with the vestry in the discharge of their duties as regards the buildings of the parish by taking possession of same, changing the locks, and interfering with access (the security guards).

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