Chapter 3. Investigation And

Trial Of Lay Members

¶831. A member shall be liable to accusation and trial upon any of the following charges:

(1) Disobedience to the Discipline of the church.

(2) Unchristian tempers, words or actions.

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

(4) Crime or immorality.

(5) Buying, selling, or manufacturing intoxicating liquor as a beverage; renting his property for the same; signing a petition in favor of granting a license for the sale thereof; procuring a license for the sale of such liquors; becoming surety on the bond of any person engaged in such traffic; or persisting in the use of intoxicating liquor after private reproof and admonition by the pastor or stewards.

¶832. In the case of accusation of any of the charges of ¶ 831, the pastor shall privately admonish the member; and if there is acknowledgment of fault and proper humiliation, the person may be borne with. Failing such, or on further offense, the pastor may take with him one or two discreet stewards and give further reproof. If the offense be continued, the member shall be brought to trial.

¶833. If a member of the church shall be accused of endeavoring to sow dissension in the church by inveighing against its doctrines or Discipline, its ministers or members, or in any other such manner, he shall first be reproved by the pastor. If he persists in such practices, he shall be brought to trial.

¶834. Charges against a member of a local church must be made in writing and be signed by two parties. The written charges are to be given to the pastor in charge who shall appoint an Investigation Committee composed of seven members of the local church in active standing, who are twenty-one years of age or older. The District Superintendent shall fix the time and place of the investigation and shall preside. Such investigations shall normally be held within thirty days after written charges have been made. A quorum of four members of the Investigation Committee shall be necessary to function. The accused and the accuser shall be brought face to face if possible, and the accused shall have the right of making a statement in his own behalf and of interrogating witnesses, but shall not have the right of presenting witnesses. The Investigation Committee shall then determine, by secret ballot, whether a trial is justified. The Investigation Committee shall formulate the charges and order a trial, sending a copy of the order to the District Superintendent in charge, to the local pastor, to the accused and to the party bringing accusation.

¶835. Should a trial be ordered, the District Superintendent shall proceed according to ¶ 818 and 819, except that the trial court shall be made up of members of the local church who are twenty-one years of age or older. The findings of the trial court shall be reported to the secretary of the local church for permanent record. No member of a District Conference who is also a member of the local church according to ¶ 477 may be tried by a local church trial court, but only by a District Conference trial court.

¶836. RESTORATION. An expelled member shall have no privileges of the church or of the sacraments of the church without repentance, contrition, and satisfactory restitution to the determination of the stewards. In such a case, the body may permit the individual to take the membership vows of the church and be restored to full membership.

Chapter 4. General Directions

¶841. WITHDRAWAL UNDER COMPLAINT OR CHARGES. When a general superintendent, elder, member on trial, local preacher, deaconess, or lay member of a local church is accused of an offense under ¶ 801 or 831, and notarized complaints have been filed with the District Conference Investigation Committee, and desires to withdraw from the church, he may be permitted to withdraw; in which case the respective record shall be plainly marked: Withdrawn Under Complaints. If written charges have been presented he may be permitted to withdraw, in which case the respective record shall be plainly marked: Withdrawn Under Charges. In either case, his status shall be the same as if he had been expelled.

¶842. When anyone mentioned above is deprived of his credentials, license, or ordination, by expulsion or otherwise, the necessary authority shall require them of him, and file them with the respective records dealing with his case.

¶843. COUNSEL. In all cases of trial, the accused shall be entitled to appear, to be represented by counsel of his own selection, and to be heard in oral or written argument. In all cases of trial where counsel has not been provided, such counsel shall be appointed by the presiding officer. Each counsel shall be allowed one assistant counsel of his own choice.

¶844. All notices required in judicial administration shall be in writing, signed by or on behalf of the person or body giving or required to give such notice, and shall be addressed to the person or body to whom it is required to be given. Such notices shall be served at least seven days in advance by delivery to the party or leading officer of the body to whom it is addressed in person, or by registered mail addressed to the last known residence or address of such party. The fact of the giving of the notice shall affirmatively appear over the signature of the party required to give such notice, and becomes a part of the record in the case.

¶845. In all cases of investigation or trial, notice to appear shall be given to such witnesses as either party may name, shall be issued in the name of the church, and be signed by the presiding officer of the trial court. If shall be the duty of a minister and a member of the church to appear and testify when summoned.

¶846. As soon as the trial court has convened, the accused shall be called upon by the presiding officer to plead the charge, and his pleas shall be duly recorded. On his neglect or refusal to plead, the plea of "not guilty" shall be entered for him, and the trial shall proceed; provided that the court may adjourn from time to time for sufficient cause; and provided that the accused shall at all times during the trial have the liberty to be present to make his defense and produce testimony.

¶847. In case the accused person, after a seven-day notice has been given him, shall refuse or neglect to appear at the time or place set forth for the hearing, the trial court may proceed in his absence. Sufficient time shall be given by the presiding officer for the accused to appear at the given place and time, and for the same to prepare for the trial.

¶848. RECORDS. In the trial court the records shall be accurate and full; they shall include the proceedings in detail, all the evidence, taken stenographically if possible, the documents admitted, together with the charges and findings, and shall be approved and attested by the presiding officer and secretary.

¶849. If within sixty days after the conviction of any of the foregoing accused, he (or she) shall make application in writing to the District Superintendent for a new trail on the

ground of newly discovered evidence, and shall submit therewith a written statement of the same, and if it shall appear to the District Superintendent that such evidence is material to the issue involved, he shall grant a new trial. In no case, however, shall a new trial be granted upon newly discovered evidence which could have been obtained for the trial by the exercise of due diligence, or which is merely cumulative in its effect.

Chapter 5. Appeals

¶861. The General Conference shall elect seven elders, not including General Conference officers, to serve as members of the General Conference Court of Appeals during each quadrennium. One member shall be elected chairman. A quorum of four members of the court of appeals shall be necessary in order to function. Vacancies which may occur in this body shall be filled by appointment by the General Superintendent. This court shall have jurisdiction to hear and to determine all appeals from the decisions or actions of any District Conference trial court.

¶862. Each district shall have a District Court of Appeals composed of four elders and three laymen elected quadrennially by the District Conference. One member shall be elected as chairman. A quorum of four members shall be necessary in order to function. Vacancies which may occur in this body are to be filled by appointment by the District Superintendent. This court shall have jurisdiction to hear and determine all appeals from the decisions or actions of any local church trial court.

¶863. The above courts of appeals shall determine two questions only: (a) Does the evidence sustain the charge or charges? (b) Were there such errors of procedure or interpretation as to vitiate the verdict? These questions shall be determined by the records of the trial and the arguments of a representative of the trial court and of counsel for the accused. The court shall in no case hear witnesses nor admit new evidence.

¶864. In all cases of appeal the appellant shall within thirty days following the decision of a trial court, give notice of intent to appeal and shall furnish to the chairman of the court of appeals a written statement of the grounds of his appeal, and the hearing of the court shall be limited to the grounds set forth in such statement. It shall be the duty of the chairman of the court of appeals, on receiving a notice of intent to appeal, to fix the time and place for consideration of the appeal and to notify all persons involved by certified mail.

¶865. Appeals, properly taken, shall be heard by the appropriate court of appeals, unless it shall appear to the said court that the appellant has forfeited his right to appeal by misconduct, such as refusal to abide by the findings of the committee of investigation or of the trial court, or by withdrawal from the church, or by failure to appear in person or by counsel to prosecute the appeal. The right of appeal, when once forfeited by neglect or otherwise, cannot be revived by any subsequent appellate court.

¶866. An appeal shall not affect a suspension of the decision or action of a trial court. The finding of the trial court must stand until it is modified or reversed by the proper appellate court.

¶867. A court of appeals may refuse to admit an appeal as lacking proper grounds; it may reverse, in whole or in part, the findings of the trial court for a new trial. It may determine what penalty, not higher than that affixed at the trial, may be imposed. If no such modification or reversal is made by the appellate court, the judgment of the trial court shall stand. The appellate court shall not take remedial action because of errors of procedure or interpretation by the trial court which did not affect the verdict.