The procedures laid out in Title IV, Canon 9, sections 1 and 2 (the abandonment canon) to depose a bishop state that after the Title IV review committee issues a certificate of abandonment the Presiding Bishop “shall” “forthwith” notify the accused. The Presiding Bishop then “shall” seek the consent of the three senior bishops with jurisdiction to inhibit the accused bishop, and trial “shall” take place at the “next” meeting of the House of Bishops.
At a March 12 press conference Bishop Schori outlined the procedural history surrounding the Cox case. She said the Title IV review committee had “certified [Bishop Cox] several years ago. … before her time.” She added, however, that “it was never brought to the House of Bishops for action.”
She then said she “did not send it to the three senior bishops” and the House of Bishops “did not consider it in September” at their meeting in New Orleans with the Archbishop of Canterbury due to the “the press of other business.” Several minutes later, Bishop Schori said she wanted to “clarify” her earlier statements. She said she had been “unable to get the consent of the three senior bishops last spring. That’s why we didn’t bring it to the September meeting” of the House of Bishops.
Contacted after the press conference, one of the three senior bishops, who declined to be named, stated he had never been asked by Bishop Schori to consent to Bishop Cox’s suspension. The Presiding Bishop’s Chancellor, Mr David Booth Beers, declined to address the issues surrounding Bishop Cox’s case in a March 15 statement released through the Episcopal Church’s press office. However, he stated that his “position” was that there had been a legal quorum to depose the two bishops on March 12.
Canon lawyer, retired Bishop William Wantland of Eau Claire told CEN the deposition of Bishop Cox was “void” for failing to achieve the required “majority vote of all bishops entitled to vote” and because the “canonical procedure was simply not followed.”