A106 HD Committee #18 Report #09

House of Deputies Committee 18 - Title IV Disciplinary Canons presents its Report #09 on Resolution A106 (Amend Canon IV.15.5.a) and moves:

Adopt with Amendment

Resolved, the House of Bishops concurring,

That Canon IV.15.5.a is hereby amended to read as follows:

<Amended text as it would appear if adopted and concurred. Scroll below the line of asterisks (******) to see the version showing all deleted and added text.>

Sec. 5. The standards for and conditions of appeal to the Court of Review shall be as follows:

a. Where an Order is issued against a Respondent who fails to appear before the Hearing Panel or who otherwise fails to participate in proceedings before the Hearing Panel, such Order shall be upheld unless a review of the record on appeal shows the Hearing Panel made a clear error that substantially prejudiced the Respondent. The Court of Review shall review the facts and record in the light most favorable to the Respondent.

 

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<Proposed amended resolution text showing exact changes being made:>

Sec. 5. The standards for and conditions of appeal to the Court of Review shall be as follows:

a. Where an Order is issued against a Respondent who fails to appear before the Hearing Panel or who otherwise fails to participate in proceedings before the Hearing Panel, such Order shall be upheld unless a review of the record on appeal shows the Hearing Panel made a clear error in issuing such Order, that which substantially prejudiced the Respondent. The Court of Review shall review the facts and record in the light most favorable to the Respondent.