A source familiar with the proceedings tells me that “…a bishop cannot “walk away” (resign his orders) during a Title IV process. The canons do not allow it, and that’s a feature not a bug. There was already an investigation and Atkinson’s case remains active before the Court for the Trial of a Bishop. Those involved in the court process have been updated regularly.”
So my take away is that Atkinson will still go on trial even though he isn’t participating and Via Apostolica thankfully doesn’t exist anymore. I suppose he could change his mind and participate, but why?