Role of Stated Clerk

On the proper role of the Stated Clerk

The Stated Clerk is not a prosecutor

[5-1-02]

A number of groups on the Presbyterian right wing have recently been demanding that the Stated Clerk of the PC(USA) "must act" to enforce the provisions of our Book of Order, including what is in effect a ban on the ordination of gay and lesbian Presbyterians in G-6.0106b.

One example is found in the Layman Online, reporting on a letter sent by the Presbyterian Coalition to all church sessions "correcting" the Stated Clerk.

Stated Clerk Clifton Kirkpatrick has stated that his role is not as a prosecuting attorney, an "enforcer" of the laws of the church.

This view has been articulated well by Mr. Frank B. Baldwin, Stated Clerk of the Presbytery of Philadelphia, in an open letter which he recently sent to all presbytery and synod stated clerks. We share it here with his kind permission.

Dear Fellow Clerks,

At a time when the Stated Clerk of the General Assembly and, by implication, stated clerks of middle governing bodies are being urged to take an activist role in enforcing the provisions of the Constitution of the Presbyterian Church (U.S.A.), on behalf of the Executive Committee of the Association of Stated Clerks I am writing to all of you to state our understanding of the appropriate role of stated clerks (including Cliff Kirkpatrick) in the judicial processes of our church.

There is no basis for a contention that stated clerks are required, or even permitted, to act as prosecutors or complainants in disciplinary cases. To the contrary, the stated clerk is an advisor to the participants in the process and is expected to give neutral, objective advice to the accuser, the investigating committee, and to the permanent judicial commission. This neutrality would be immediately compromised if the clerk her or himself becomes a party in the process.

The role of the stated clerk in the judicial process is correctly stated in Polity Reflection No. 46, issued by the Office of the General Assembly Stated Clerk:

"Basically a stated clerk's role in judicial process is to be absolutely non-partisan. The clerk cannot take sides, but can give impartial procedural help to both 'sides' in a dispute. The clerk, in such situations, must keep confidences as to whom she/he has talked about what. The clerk's function is to facilitate smooth and efficient process, not to determine particular outcomes. The clerk acts as staff to the permanent judicial commission, as a resource to committees of counsel in remedial actions, and a presbytery clerk acts as advisor to an investigating committee in disciplinary cases. The clerk fields questions from the parties themselves or their own counsel. In many ways the stated clerk in judicial process functions very much like a clerk of court in secular process: processes papers, gives procedural advice, communicates with all parties, and does what the judge (PJC) directs."

The Handbook for Judicial Process published by the Association of Stated Clerks provides detailed information about the duties of a stated clerk relating to the disciplinary process. The clerk's functions include training the investigating committee, training the permanent judicial commission, and providing advice as needed during the process. It is clear that the clerk could not acceptably perform these duties if he or she is a party to the case.

As stated clerks, we take seriously our ordination vow to be governed by our church's polity and to abide by its discipline. My prayers are with each of you as you do your useful and important work.

Sincerely,

Frank B. Baldwin
Stated Clerk, Presbytery of Philadelphia