Disciplinary panel says former Florida bishop waives evidentiary rights for failure to respond

[Episcopal News Service] A church hearing panel has sanctioned former Florida Bishop John Howard in a Title IV disciplinary matter for his failure to respond to requests for further information, documentation and written testimony, evidence collectively referred to as discovery.

“[T]he Respondent has waived all objections of any kind whatsoever to those discovery requests” and “has waived his opportunity to serve written discovery,” the hearing panel said.

The case, according to the panel’s order dated Aug. 25 and made public Aug. 29, will now proceed regardless of the cooperation of the bishop, who has not responded to the panel or other church authorities since February. Howard’s Title IV hearing is set to begin Nov. 10 in Jacksonville, according to a separate scheduling order.

Howard served the Jacksonville-based Diocese of Florida for 20 years until his retirement in October 2023, after reaching the church’s mandatory clergy retirement age of 72. The latest order relates to a case filed against Howard relating to financial matters. It is one of two Title IV cases filed against the bishop. The other alleges that the diocese, under Howard’s leadership, engaged in a pattern of discrimination against LGBTQ+ clergy and aspirants to ordained ministry, as well as their supporters.

A Title IV hearing, similar to a civil trial, had been scheduled to begin at the end of April but was postponed to allow time for the discovery process, including witness depositions. Howard, however, has not participated in that process, and in June, church attorney Craig Merritt filed a motion seeking to compel Howard to provide documents and answer written questions.

The hearing panel met last week on the motion to compel. More than 40 people, including several clergy and lay leaders from Howard’s diocese, attended the Aug. 20 hearing on Zoom. The former bishop did not attend.

Merritt told those gathered that Howard “sort of fell off the radar.”

He had asked the hearing panel that same day to rule that Howard, by his lack of participation, had waived his right to object to any of the church’s requests for documents, testimony or other evidence. To allow Howard to resurface at a later date and raise objections “would be prejudicial to the process,” Merritt said, and could turn the proceedings into an “expensive side show.”

The Aug. 25 order effectively met Merritt’s request, and the bishop has 10 days to appeal.

Howard had submitted written responses to the financial allegations in August 2024. He affirmed many of the underlying facts but denied all wrongdoing.