1996 Book of Discipline: Paragraph 2623| General Conference 2000

Section II. Investigations, Trials, and Appeals

śś2623-2629 shall become effective at the conclusion of the 1996 General conference, except for matters that have already proceeded to the Joint Review Committee.

ś 2623. Fair Process in Judicial Proceedings--The following procedures are presented for the protection of the rights of individuals guaranteed under Section III, Article IV of our Constitution and for the protection of the Church. The presumption of innocence shall be maintained until the conclusion of the trial process. At each step in the proceedings listed in śś 2623 through 2627, efforts for resolution shall continue, so long as these efforts are not used to hinder fair process.¹¹ The judicial proceedings process and the rights set forth in this paragraph commence upon referral of a matter as a judicial complaint from counsel for the Church to the committee on investigation. Special attention should be given to ensuring racial, ethnic, and gender diversity of boards, committees, and courts and the timely disposition of all matters.¹²

[FTN] 11. See Judicial Council Decisions 557, 723, 724.

[FTN] 12. See Judicial Council Decision 695.

1. In any judicial proceeding, the respondent (the person to whom the procedure is being applied) shall have a right to be heard before any final action is taken.

2. Notice of any judicial process hearing shall advise the respondent of the reason for the proposed procedures, with sufficient detail to allow the respondent to prepare a response. Notice shall be given not less than twenty (20) days prior to the hearing.

3. The respondent shall have a right to be accompanied by another person to any judicial process hearing to which he or she is subject, in accordance with the appropriate disciplinary provisions (see ś2626.6b). The person accompanying the respondent shall have the right of advocacy.

4. In any judicial proceeding, under no circumstances shall one party or counsel, in the absence of the other party or counsel, discuss substantive matters with members of the pending hearing, trial, or appellate body while the case is pending. Questions of procedure may be raised with the presiding officer or secretary of the hearing or appellate body.

5. A person shall not be subjected to a judicial process a second time for the same alleged occurrence(s).¹³

[FTN] 13. See Judicial Council Decisions 697, 777, 782.

6. The respondent shall have access to all records relied upon in the determination of the outcome of the committee on investigation, trial court, or appeal committee or body.¹⁴

[FTN] 14. See Judicial Council decisions 691, 765.

7. In the event that a clergyperson fails to appear for supervisory interviews, refuses mail, refuses to communicate personally with the bishop or district superintendent, or otherwise fails to respond to supervisory requests or requests from official administrative or judicial committees, such actions or inactions shall not be used as an excuse to avoid or delay any Church processes, and such processes may continue without the participation of such individual.

8. As a part of the judicial process, the bishop and cabinet, in consultation with the presiding officer of the pending hearing, trial, or appellate body then sitting, shall provide for healing within the congregation if there has been significant disruption to congregational life by the judicial matter. This may include a mediation process for unresolved conflicts, support for victims, and reconciliation for all who are involved. This process may also include the sharing of information by the bishop or a cabinet member about the nature of the complaint without disclosing alleged facts underlying the complaint that might compromise the judicial process.



	1996 Discipline ¶ 2623
	Section II. Investigations, Trials, and Appeals śś2623-2629 shall become effective at the conclusion of the 1996 General conference, except for matters that have already proceeded to the Joint Review Committee. ś 2623. Fair Process in Judicial Proceedings--The following procedures are presented for the protection of the rights of individuals guaranteed under Section III, Article IV of our Constitution and for the protection of the Church. The presumption of innocence shall be maintained until the conclusion of the trial process. At each step in the proceedings listed in śś 2623 through 2627, efforts for resolution shall continue, so long as these efforts are not used to hinder fair process.¹¹ The judicial proceedings process and the rights set forth in this paragraph commence upon referral of a matter as a judicial complaint from counsel for the Church to the committee on investigation. Special attention should be given to ensuring racial, ethnic, and gender diversity of boards, committees, and courts and the timely disposition of all matters.¹² [FTN] 11. See Judicial Council Decisions 557, 723, 724. [FTN] 12. See Judicial Council Decision 695. 1. In any judicial proceeding, the respondent (the person to whom the procedure is being applied) shall have a right to be heard before any final action is taken. 2. Notice of any judicial process hearing shall advise the respondent of the reason for the proposed procedures, with sufficient detail to allow the respondent to prepare a response. Notice shall be given not less than twenty (20) days prior to the hearing. 3. The respondent shall have a right to be accompanied by another person to any judicial process hearing to which he or she is subject, in accordance with the appropriate disciplinary provisions (see ś2626.6b). The person accompanying the respondent shall have the right of advocacy. 4. In any judicial proceeding, under no circumstances shall one party or counsel, in the absence of the other party or counsel, discuss substantive matters with members of the pending hearing, trial, or appellate body while the case is pending. Questions of procedure may be raised with the presiding officer or secretary of the hearing or appellate body. 5. A person shall not be subjected to a judicial process a second time for the same alleged occurrence(s).¹³ [FTN] 13. See Judicial Council Decisions 697, 777, 782. 6. The respondent shall have access to all records relied upon in the determination of the outcome of the committee on investigation, trial court, or appeal committee or body.¹⁴ [FTN] 14. See Judicial Council decisions 691, 765. 7. In the event that a clergyperson fails to appear for supervisory interviews, refuses mail, refuses to communicate personally with the bishop or district superintendent, or otherwise fails to respond to supervisory requests or requests from official administrative or judicial committees, such actions or inactions shall not be used as an excuse to avoid or delay any Church processes, and such processes may continue without the participation of such individual. 8. As a part of the judicial process, the bishop and cabinet, in consultation with the presiding officer of the pending hearing, trial, or appellate body then sitting, shall provide for healing within the congregation if there has been significant disruption to congregational life by the judicial matter. This may include a mediation process for unresolved conflicts, support for victims, and reconciliation for all who are involved. This process may also include the sharing of information by the bishop or a cabinet member about the nature of the complaint without disclosing alleged facts underlying the complaint that might compromise the judicial process.
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1996 Discipline ¶ 2623