 Clerk asked to ensure constitutional integrity By John H. Adams The Layman Online Tuesday, November 5, 2002 The Virginia lawyer who has accused 19 ministers and one elder of violating the Constitution of the Presbyterian Church (USA) has urged Stated Clerk Clifton Kirkpatrick to take steps to enforce the church laws. "To date you have done little more than express opinions," Paul Rolf Jensen said in his Nov. 5 electronic letter to Kirkpatrick, which was also sent to Presbyterian media organizations. "The integrity of our constitution is being violated every day that you do not take substantive action." Jensen's letter included a request that Kirkpatrick support the petition for an historic called meeting of the General Assembly to deal with constitutional issues. Kirkpatrick opposes that meeting and has insisted that the constitutional process is working. But none of the people Jensen has accused of violating their ordination vows has been brought to trial, even though most went public with their declarations of defiance. "While you have written two letters (to my knowledge) expressing your opinion that disobedience is not an option, you otherwise stand aside, idly watching disobedience occur," Jensen added. "So that you cannot say you are unaware of the extent of the defiance, I enclose for your reference a copy of each accusation I have filed." Jensen's letter cited chapter and verse of disciplinary rules to encourage Kirkpatrick to help ensure that presbytery leaders do not summarily dismiss his accusations. Kirkpatrick, who, by nature of his office, is charged with preserving and defending the denomination's constitution, has contended that it would be unconstitutional for him to take an enforcement role. He has not publicly advised other presbytery executives and stated clerks of measures they should take to deal with open defiance of the constitution, other than to suggest that they should work "pastorally" with defiant church officers. Jensen said that in several of his cases, "the presbyteries involved have thrown out the constitutionally mandated procedures, as if the constitution didn't even exist." He gave two examples involving four presbyteries:
In the Baltimore case, however, Jensen said he sent his petition for review to the Baltimore stated clerk on July 26 by fax and on July 28 by registered mail. Jensen said he has received no response. "The silence from Baltimore is deafening!" he said. "Instead of writing more letters that the defiant have proven eager to ignore, I ask you publicly to denounce Baltimore Presbytery's refusal to uphold the constitution and to join with commissioners to the 214th General Assembly who seek a called meeting for the purpose of remedying the constitutional crisis that has assailed our church," Jensen said. Text of Paul Rolf Jensen's letter to stated clerk 5 November 2002 Via e-mail kirkpat@ctr.pcusa.org The Rev. Dr. Clifton Kirkpatrick, Stated Clerk General Assembly of the Presbyterian Church (U.S.A.) 100 Witherspoon Drive Louisville, KY 40202-1396 Dear Dr. Kirkpatrick: You are charged under our constitution and standing rules with the responsibility to protect our constitution and to insure that it is followed in disciplinary cases. To date you have done little more than express opinions. The integrity of our constitution is being violated every day that you do not take substantive action. As you know, I have filed some 20 disciplinary cases, each involving public defiance by church officers of their ordination vows to be governed by the polity of our church. While you have written two letters (to my knowledge) expressing your opinion that disobedience is not an option, you otherwise stand aside, idly watching disobedience occur. So that you cannot say you are unaware of the extent of the defiance, I enclose for your reference a copy of each accusation I have filed. In several of these matters, the presbyteries involved have thrown out the constitutionally mandated procedures, as if the constitution didn't even exist. For instance, in the Hudson River case, the Stated Clerk wrote me (I enclose a copy of her letter) saying that she would not process my accusations until I amended them to conform to her version of the facts. This is in direct contradiction to D-10.0103, which holds that "Upon receipt of a written statement of alleged offense, the ... stated clerk of presbytery, without taking further inquiry, shall then report to the governing body ... and refer the statement immediately to an investigating committee." In several presbyteries, specifically, Baltimore, Yellowstone and one case in Redwoods, the Investigating Committees have concluded their work without honoring my request to address them, notwithstanding D-10.0201 which provides that: An inquiry shall be made by an investigating committee designated by the governing body having jurisdiction over the member to determine whether charges should be filed. ... The investigating committee shall ... ascertain all available witnesses and inquire of them. I have filed petitions for review with the Permanent Judicial Commissions in these presbyteries in order to redress the failure of their Investigating Committees to obey D-10.0201. As our denomination's chief constitutional officer, you must know that Section D-10.0303 (c) provides that the PJC of the Presbytery shall act within 90 days upon a Petition for Review of the decision of the Investigating Committee not to file charges. My petition for review was received by the Stated Clerk in Baltimore by fax on July 26th, and by certified mail on July 28th. Thus, it has been well over 90 days since I filed such a petition to the Baltimore Presbytery PJC over procedural irregularities and a clear conflict of interest by a member of its Investigating Committee, with no notice of the decision of the PJC. The silence from Baltimore is deafening! Mere words are insufficient for you to discharge your constitutional duty. The time has come for you to act to preserve and protect our constitution. Instead of writing more letters that the defiant have proven eager to ignore, I ask you publicly to denounce Baltimore Presbytery's refusal to uphold the constitution and to join with commissioners to the 214th General Assembly who seek a called meeting for the purpose of remedying the constitutional crisis that has assailed our church. Sincerely yours, PAUL ROLF JENSEN |
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