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Decision No. 761

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October 26 1995
In Re: Effects of Changes in the 1992 Discipline in the Statute of Limitations for Complaints Against a Bishop.

Digest of Case

The statute of limitations for bringing a complaint against a bishop is two years as provided in  513 of the 1992 Discipline.

Statement of Facts

The Northeast Jurisdiction Review Committee requested that the Judicial Council rule on the applicable statute of limitations for filing a complaint against a bishop. JURISDICTION The Judicial Council has jurisdiction under  2616 of the 1992 Discipline. ANALYSIS Although it may be argued that the 1992 General Conference inadvertently omitted to lengthen the statute of limitations from two to six years as was done in  454, we decline to make such a judgment. With reference to  2625, in Decision 691 we ruled that neither the statute of limitations nor a chargeable offense may be made retroactive. Additionally, we said "this is not to say . . . sexual abuse may not have been chargeable under a previous Discipline as immorality, crime, unministerial conduct, or other imprudent or unchristian conduct." The question addressed to the Judicial Council was a narrow one, and our decision is thus narrow, addressing only the applicable statute of limitations.

Decision

The statute of limitations for bringing a complaint against a bishop is two years as provided in  513 of the 1992 Discipline. This copy subject to final editing and correction.

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