Chapter 1. Offenses

¶801. Offenses for which a general superintendent, district superintendent, elder, member on trial, local preacher, or deaconess may be tried:

(1) Disobedience to the Discipline of the Evangelical Methodist Church.

(2) Unministerial or imprudent conduct.

(3) Unchristian tempers, words, or actions.

(4) Habitual neglect of duties.

(5) Disseminating doctrine contrary to the Bible or the Discipline.

(6) Crime or immorality.

(7) Maladministration in office.

¶802. The District Conference Investigation Committee shall be composed of 3 elders elected by the District Conference and is authorized to investigate all complaints and give recommendations for all ministerial members of the District Conference together with deaconesses and local preachers. The duties of the Investigation Committee specifically shall be threefold: (1) Investigations having to do with judicial administration as found in ¶ 801-867; (2) Investigations having to do with the termination of ministerial relations as found in ¶701-707; (3) Investigations of all notarized complaints covering ministerial members as to discharge of duties. If a pastor fails to promote the payment of Conference Support in full and fails to submit his annual statistical report, it shall be the duty of the District Superintendent to present his name to the Investigation Committee who shall call upon the pastor to show cause why these have been neglected. After thorough investigation, it shall be their duty to present the pastor's name to the District Conference for action as to censure or remandment to the Investigation Committee for possible judicial action under ¶801.

Chapter 2. Investigation And

Trial of Ministers

¶811. INVESTIGATION AND TRIAL OF A GENERAL SUPERINTENDENT. If a general superintendent shall be accused in writing of any of the offenses hereinbefore mentioned in the course of his administration, the District Superintendent, within whose district the alleged offense is said to have been committed, shall call the Investigation Committee of that District Conference, who shall carefully inquire into the case; and if, in the judgment of the majority of them there is reasonable ground for such accusation, they shall prepare and sign the proper charges and specifications, and send a copy of the same to the accused and to the General Council of the Evangelical Methodist Church. The District Superintendent or appointee in the district where the offense took place shall call together at some convenient place, within fifteen days from the time he receives the charges, five elders of the said district, and also witnesses by whom the accusation is expected to be proved. The District Superintendent or appointee shall preside. The accused shall have the right to make a statement on his own behalf, and to interrogate witnesses, but shall not himself present any. If three of the five elders determine that a trial is justified they shall order one, and they may suspend the general superintendent pending trial, as hereinafter provided.

¶812. INVESTIGATION AND TRIAL OF A DISTRICT SUPERINTENDENT. If a District Superintendent shall be accused in writing of any of the offenses hereinbefore mentioned in the course of his administration, the General Superintendent or appointee within whose district the alleged offense is said to have been committed, shall call the Investigation Committee of that District Conference, who shall

carefully inquire into the case; and if, in the judgment of themajority of them, there is reasonable ground for such accusation, they shall prepare and sign the proper charges and specifications and send a copy of the same to the accused and to the General Council of the Evangelical Methodist Church. The General Superintendent or appointee in the District where the offense took place shall call together at some convenient place, within fifteen days from the time he receives the charges, five elders of the District, and also witnesses by whom the accusation in expected to be proved. The General Superintendent or appointee shall preside. The accused shall have the right to make a statement in his own behalf, and to interrogate witnesses, but shall not himself present any. If three of the five elders determine that a trial is justified they shall order one, and they may suspend the District Superintendent pending trial, as hereinafter provided.

¶813. Should a trial be ordered, the presiding officer shall, within seven days from the date on which a trial is ordered, fix the time and place of it within thirty days of such order. The trial court shall be constituted as follows.

(1) The officer shall arrange for a meeting of the accused and his counsel, and the counsel for the church, as early as practicable after the trial is ordered, to select the personnel of the trial court.

(2) The officer shall nominate, as proposed jurors of the trial court, twelve elders from a list made up of a cross section of the elders of the said District. In the event that there are insufficient elders available, jurors may be selected from other districts.

(3) The church and the defendant each shall have the right of preemptory challenge to the number of four, and of unlimited challenge for cause.

(4) The officer shall add other elders, if necessary, until the required number is selected. By the same method four alternates shall be chosen.

The trial court as thus constituted shall have full power to try the accused, and by a two-thirds vote to suspend him from the exercise of the function of his office; to depose him from his office, or the ministry, or both; to expel him from the church; or, in case of minor offenses, to fix a lesser penalty. Its findings shall be reported to the General Conference for entry in its minutes. The records of the trial, including the testimony, shall be signed by the presiding officer and secretary of the trial court, and shall be placed in the custody of the secretary of the General Conference, together with all the documents in the case, for preservation with the papers of the General Conference, and shall be the basis of any appeal which may be taken to the General Conference Court of Appeals.

¶814. A general superintendent or district superintendent suspended or deposed shall have no claim upon the salary funds, dwelling, or any other expenses from the date of suspension or deposition; but in case he is thereafter found not guilty, his claim upon the funds for the period during which he was deprived of the function of his office shall be paid to him.

¶815. INVESTIGATION AND TRIAL OF AN ELDER, MEMBER ON TRIAL, OR DEACONESS. If a traveling preacher, member on trial or deaconess shall be accused in writing of any of the offenses enumerated in ¶ 801, the District Superintendent or the District Superintendent of the district within the bounds of which such acts are alleged to have taken place, shall call the District Conference Investigation Committee to inquire into the same, and, if possible, bring the accused and the accuser face to face; the accused shall have the right to make a statement in his own behalf, but shall not present any witnesses.

¶816. The chairman of the District Conference Investigation Committee shall preside throughout the proceedings, and shall certify and declare the judgment of the committee.

¶817. If, in the judgment of a majority of the Investigation Committee, there is a reasonable ground for such accusation, they shall prepare and sign the proper charges and specifications, send a copy to the accused, to the District Superintendent in charge, and to the secretary of the District Conference. Upon recommendation of the Investigation Committee, the accused may be suspended from all ministerial services pending the trial.

¶818. Should a trial be ordered, the District Superintendent shall, within seven days from the date on which a trial is ordered, fix the time and place of it within thirty days of such order; shall appoint counsel for the church; and notify the accused, in writing, to appear at a fixed time and place no less than seven days after serving such notice to select nine or twelve elders from a list made up of a cross section of the elders of the said conference. The church and the defendant shall each have the right of preemptory challenge to the number of four and unlimited challenge for cause. By the same method four alternates shall be chosen.

¶819. The trial court, as thus constituted, shall have full power to try the accused, and by a two-thirds vote to suspend him from his office, or the ministry, or both; to expel him from the church; or, in case of minor offenses, to fix lesser penalty. Its findings shall be reported to the secretary of the District Conference for permanent record after the written proceedings have been signed by the president and secretary of the trial court. This shall include the bill of charges, the evidence taken, the decision rendered, together with all documents brought into the trial.

¶820. A guilty party shall have no claim upon the salary funds, dwelling, or any other expenses from the date of such suspension or deposition; but in case he is thereafter found not guilty, his claim for funds shall be paid him.

¶821. INVESTIGATION AND TRIAL OF A LOCAL PREACHER. When a local preacher is accused in writing of any of the offenses enumerated in ¶801, the District Superintendent shall call the Investigation Committee to meet; the accused shall appear before them. If, in the judgment of a majority of the Investigation Committee, there is reasonable ground for such accusation, they shall prepare and sign the proper charges and specification, send a copy to the District Superintendent in charge, to the local pastor for his information, or, in his absence, to the chairman of the stewards where the local preacher holds his membership, who becomes the presiding officer of the trial. If the pastor is the accuser, the District Superintendent shall be the presiding officer of the trial. Upon recommendation of the Investigation Committee, the accused may be suspended from all ministerial services pending the trial.

¶822. Should a trial be ordered, the District Superintendent shall proceed according to ¶ 818 and 819, except that the proposed trial court shall be made up of members of the local church who are at least twenty-one years of age or over.

¶823. WITHDRAWAL UNDER COMPLAINT OR CHARGES. See ¶ 841 and 842.

¶824. COUNSEL. See ¶ 843.

¶825. The District Conference may restore the credentials of a minister who has been expelled, suspended, or who has withdrawn from the Evangelical Methodist Church, providing proper restitution has been made and sufficient proof of his good character be presented to the Board of Ministerial Relations.