Ecclesiastical court

An ecclesiastical court (also called "Court Christian") is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the middle ages in many areas of Europe these courts had much wider powers than before the development of nation states as they were experts in interpreting canon law the basis of which was the Corpus Juris Civilis of Justinian which is considered the source of the civil law legal tradition.

Episcopal Church (in the United States)

Ecclesiastical courts in the American Episcopal Church have jurisdiction only over disciplinary cases involving clergy, and are divided into two separate systems, one for trials of bishops, the other for trials of priests and deacons. (At least one diocese, however (Diocese of Minnesota), has provided in its canons (i.e., church law) for a court with broader jurisdiction over a wide range of canonical issues, although such a court has not yet been implemented.) In each disciplinary case, two courts are provided, one for trials and one for appeals. When a charge is first made, it is brought before an initial review committee (similar to a grand jury in secular criminal law) whose job is to determine when a case should be brought, and to supervise the Church Attorney who acts as a sort of "Prosecutor."

Related Topics:
Episcopal Church - Diocese of Minnesota

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Courts and procedure for trials of bishops are provided for by the Canons of the General Convention (the triennial legislative body of the national church). There is one Court for the Trial of a Bishop, composed of nine bishops (though there have been proposals to include lay persons and lower clergy in this court). Appeals are heard by the Court of Review for the Trial of a Bishop, also composed of nine bishops. The Constitution of the national Episcopal Church provides that this court must be composed only of bishops.

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For priests and deacons, initial trial is held by an ecclesiastical court established by the diocese in which the cleric is canonically resident, and appeals are taken to the Court of Review for the Trial of a Priest or Deacon, one of which is established in each of the nine provinces of the church (a province is a geographic combination of dioceses). Dioceses have some discretion about the procedure and membership for the ecclesiastical court, but most rules and procedure is established church-wide by the national canons. Trial courts are made up of lay persons and of priests or deacons, with the latter to have a majority by one. The various Courts of Review are composed each of one bishop, three priests or deacons, and three lay persons.

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Since the 18th century the Constitution of the national Episcopal Church has permitted the creation of a Court of Appeal, which would be "solely for the review of the determination of any Court of Review on questions of Doctrine, Faith, or Worship," but no such court has ever been created, though proposals have occasionally been made to establish the House of Bishops itself as such a court.

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