At face value, Smith is acting Biblically by having another to witness the meeting. See Gospels on how to resolve disputes in the church.
However....
Is the Bishop Scruton an apostate like Smith? Was Scruton another of the "progressive" Bishops who laid hands on Vicki Gene?
If Scruton is just another apostate Bishop from the church of Laodicea then the six priests should suggest an alternative, or at least additional Bishop of their choosing.
"The Episcopal Church is not always viewed as a shining example to the rest of the Communion. Bishops in Africa and Asia have looked aghast, as the American church has grown increasingly liberal on issues such as female ordination, theology, and homosexual unions. They have used the Web to stay in contact with conservative forces within the Episcopal Church, to try and confine and rollback what they view as apostate innovations.[47] As such, according to Bishop Gordon Scruton:
I clearly see it [the Web] as having much more negative than positive impact, since the cultural differences are enormous and there is great conversation. I have found e-mail to be quite a violent medium, with occasional moments of grace. It has also excluded many from open conversation. A useful tool, which, like atomic energy, can be useful in some contexts, but destructive in others.[48]