Top PCUSA court rejects presbytery's request to dismiss Williamson appeal By John H. Adams The Layman Online Wednesday, February 2, 2005 The General Assembly Permanent Judicial Commission has rejected the Presbytery of Western North Carolina's motion to dismiss Parker T. Williamson's appeal of portions of a synod court ruling. Documents in Williamson case General Assembly Permanent Judicial Commission order. Request for stay of enforcement Objection to stay of enforcement Presbytery's notice of appeal (including text of the order issued Sept. 29, 2004, by the Permanent Judicial Commission of the Synod of the Mid-Atlantic) Williamson's notice of appeal (including text of the order issued Sept. 29, 2004, by the Permanent Judicial Commission of the Synod of the Mid-Atlantic) Presbytery's motion to dismiss Williamson's appeal Williamson's response to presbytery's motion to dismiss his appeal The highest court in the denomination said: "Williamson's notice of appeal alleges errors in constitutional interpretation (D-8.0105g). Presbytery contends that because Williamson prevailed before the SPJC, this Comission's agreement with the errors of constitutional interpretation alleged by Williamson would not change the outcome of that decision, and his appeal is therefore moot. However, D-8.0101 gives warrant not only to an appeal that seeks to overturn a decision, but also to an appeal that seeks to 'review … the proceedings and decision to correct, [or] modify ... this decision.' The Commission's decision to hear this appeal is consistent with the obligation of God's covenant community to follow the precepts of D-1.010." In its ruling that was received by mail Monday, the General Assembly court also ordered the presbytery to defer any further review of Williamson's validation until after its decision on Williamson's appeal. The court scheduled the hearing on April 1. The General Assembly court, which heard arguments in the case during its session in Louisville on Jan. 28, modified the synod court's order that the presbytery refrain for one year from the date of its Sept. 29, 2004, decision before reconsidering Williamson's validation. The General Assembly court said the synod court did not have the authority to amend the constitutional requirement that presbyteries review validation of ministries annually. But it added: "The Presbytery shall take no further action with regard to reviewing the status of the validation of the Reverend Parker T. Williamson pending the outcome of this appeal. The Presbytery is otherwise free to fulfill its ongoing responsibilities regarding review and approval of requests of ministers seeking validation of ministries in service beyond the jurisdiction of the church." The presbytery had also appealed the synod court order that the presbytery and Williamson jointly develop a plan for presbyterywide reconciliation over the issues arising from the presbytery's denial of fundamental fairness to Williamson. The presbytery had asked for and had received a stay of enforcement of the reconciliation order. But the full court vacated that stay, which has the effect of reinstating the synod court order of reconciliation. Prior to the Jan. 28 hearing, the presbytery initiated a new review of the validation of Williamson's ministry as chief executive officer of the Presbyterian Lay Committee and editor in chief of its publications. The synod court ruled that the presbytery and its Validated Ministries Task Force and the Committee on Ministry had denied Williamson fundamental fairness during a process that culminated in a 150-106 presbytery vote on Jan. 31, 2004. The presbytery appealed none of the synod court's rulings that dealt with the fairness issues – only the portion that limited the presbytery's authority to initiate a new validation process and the order to jointly formulate a reconciliation plan. Williamson's counsel has not appealed any of the synod court's reconciliation ruling. But the appeal does allege five errors in constitutional interpretation in the synod court's opinion and asks the General Assembly court to correct them.

Respond to this article

Home · Archives · The Layman · PLC Publications Presbyterian Lay Committee · Feedback · Links