Stated Clerk is urged to 'protect integrity of our disciplinary process' By Craig M. Kibler The Layman Online Thursday, November 7, 2002 The Virginia lawyer fighting violations of the Constitution of the Presbyterian Church (USA) has called upon Stated Clerk Clifton Kirkpatrick to "protect the integrity of our disciplinary process by stopping the Baltimore Presbytery's unconstitutional interference." Two days earlier, Paul Rolf Jensen, who has accused 19 ministers and one elder of violating the Constitution of the Presbyterian Church (USA), urged Kirkpatrick to take steps to enforce the church's laws. In his most recent letter to Kirkpatrick, which also was sent to Presbyterian media organizations, Jensen wrote: "Yesterday, I wrote you to inform you of instances where certain presbyteries were not abiding by the Book of Order in certain disciplinary cases I have filed. I write you again, further to that letter, to likewise call to your attention a much more serious interference in the disciplinary process." Jensen was referring to a story by The Layman Online reporting that the Presbytery of Baltimore has recommended that it "shall not pursue any disciplinary or remedial complaints growing out of attempts to enforce the provisions of G-6.0106b" – but it's not policy yet. Furthermore, the presbytery, in an overwhelming vote June 27, proposed that the policy, being developed by the presbytery's council, include informing "session and presbytery investigating committees and the Presbytery Permanent Judicial Commission that in the conduct of their business they shall be instructed by" the presbytery's refusal to enforce G-6.0106b. Jensen cited that report in his letter to Kirkpatrick, writing, "As I wrote you yesterday, the Baltimore Presbytery PJC has not issued its ruling on my petition for review of the Investigating Committee's decision not to file charges against the Rev. Don Stroud. Now I learn one possible explanation why there are procedural problems in Baltimore Presbytery. As reported today by The Layman Online, the Presbytery of Baltimore is unconstitutionally interfering in what should be a sacrosanct disciplinary process. … Unbeknownst to me, that presbytery, at its June meeting, passed a resolution calling on the Investigating Committee and the PJC not to enforce the constitution in the Stroud case!" "As I wrote yesterday, you are the one single person in our denomination charged with upholding the constitution and insuring that the disciplinary process is fairly managed. It is therefore incumbent upon you to take sufficient action such that no person or entity subverts the constitution. I therefore call upon you to discharge this solemn duty and protect the integrity of our disciplinary process by stopping the Baltimore Presbytery's unconstitutional interference. Since the PJC has not yet ruled on my petition, it is not too late for you to act. Please do so now while you still can!" In his earlier letter in which he criticized Kirkpatrick for "idly watching disobedience occur," Jensen wrote that, "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." 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.

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