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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
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Visit
our lively
new website! |
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GA actions
ratified (or not) by the presbyteries
A number of the most important actions of the 219th
General Assembly have now been acted upon by the presbyteries,
confirming most of them as amendments to the PC(USA) Book of Order.
We provided resources to help inform the
reflection and debate, along with updates on the voting.
Our three areas of primary interest have been:
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Amendment 10-A,
which removes the current ban on
lesbian/gay/bisexual/transgender persons being considered as
possible candidates for ordination as elder or ministers.
Approved! |
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Amendment 10-2,
which would add the Belhar Confession to our Book of
Confessions. Disapproved, because as an amendment
to the Book of Confessions it needed a 2/3 vote, and did not
receive that. |
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Amendment
10-1, which adopts the new Form of Government
that was approved by the Assembly. Approved. |
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Some blogs worth visiting |
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PVJ's
Facebook page
Mitch Trigger, PVJ's
Secretary/Communicator, has created a Facebook page where
Witherspoon members and others can gather to exchange news and
views. Mitch and a few others have posted bits of news, both
personal and organizational. But there’s room for more!
You can post your own news and views,
or initiate a conversation about a topic of interest to you. |
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Voices of Sophia blog
Heather Reichgott, who has created
this new blog for Voices of Sophia, introduces it:
After fifteen years of scholarship
and activism, Voices of Sophia presents a blog. Here, we present the
voices of feminist theologians of all stripes: scholars, clergy,
students, exiles, missionaries, workers, thinkers, artists, lovers
and devotees, from many parts of the world, all children of the God
in whose image women are made. .... This blog seeks to glorify God
through prayer, work, art, and intellectual reflection. Through
articles and ensuing discussion we hope to become an active and
thoughtful community. |
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John Harris’ Summit to
Shore blogspot
Theological and philosophical
reflections on everything between summit to shore, including
kayaking, climbing, religion, spirituality, philosophy, theology,
politics, culture, travel, The Presbyterian Church (U.S.A.), New
York City and the Queens neighborhood of Ridgewood by a progressive
New York City Presbyterian Pastor. John is a former member of the
Witherspoon board, and is designated pastor of North Presbyterian
Church in Flushing, NY. |
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John Shuck’s Shuck and Jive
A Presbyterian minister, currently
serving as pastor of First Presbyterian Church of Elizabethton,
Tenn., blogs about spirituality, culture, religion (both organized
and disorganized), life, evolution, literature, Jesus, and
lightening up. |
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Got more blogs to recommend?
Please
send a note, and we'll see what we can do! |
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