# LCMS Convention Workbook_St. Louis Missouri_1983_S202 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) STRUCTURE AND CONSTITUTION 8.03 Informal Settlement Efforts a. Before an individual may commence an action with a commission on Adjudication involving excommunication, he shall first present his case to the appropriate Circuit Counselor. If the Circuit Counselor cannot settle the matter, the individual shall present his case to the District President. If this effort should also fail, the matter may be submitted by the individual tothe appropriate District Commis- sion on Adjudication, in accodance with provisions hereinafter set forth. b. Before any matter other than excommunica- tion is submitted to a Commission on Adjudication, opportunity to settle the matter shall be given to the District President, synodical President, or to the chief officer of such organization owned and controlled by the Synod as may be involved. 8.05 Exclusiveness of Remedies Except as may be otherwise in these Bylaws set forth, expressly stated to be an exception hereto, provisions of this Article VIII shall govern all formal adjudication and appeal procedures within the Synod. 8.07 The Congregation’s Right of Self-Government When a decision of a congregation is in issue, the congregation’s right of self-government shall be recognized. A Commission on Adjudication may, therefore, review the decision of the congregation according to the Word of God and shall either uphold the action of the congregation or advise the congre- gation to review and revise its decision. If the congre- gation does not revise its decision, the other congre- gations of the Synod shall not be required to respect such decision and the District involved shall take such action with respect to such congregation as it may deem necessary. C. STRUCTURES AND JURISDICTION FOR ADJUDICATION AND APPEAL 8.17 Commissions on Adjudication There shall be a District Commission on Adjudi- cation for each District of the Synod, and one synod- ical Commission on Adjudication. Commissions on Adjudication shall be constituted, have such jurisdic- fon. and follow such procedures as hereinafter set orth. may be directly affected by a resolution of the dis- agreement or controversy. 8.05 Informal Efforts toward Reconciliation a. Before any matter other than excommunica- tion is submitted to a Commission on Adjudication, opportunity to settle the matter shall be given to the District President, synodical President, or to the chief officer of the organization owned and controlled by the Synod which is involved. Any charges shall be submitted in writing to that officer, who may appoint a small committee to assist in reconciliation efforts. b. Before an individual may commence an action with a Commission on Adjudication raising proced- ural questions in cases involving excommunication, he shall first present his case in writing to the appropriate Circuit Counselor to give him the oppor- tunity to settle the matter. If the Circuit Counselor cannot settle the matter, the individual shall present his case to the District President, who may appoint a small committee to assist in reconciliation efforts. 8.07 Exclusiveness of Remedies a. Except as may be otherwise in these Bylaws set forth, expressly stated to be an exception hereto, provisions of this Chapter shall govern all formal adjudication and appeal procedures within the Synod. b. The Holy Scriptures (1 Cor. 6:1-7) urge Chris- tians to settle their differences by laying them before the ‘members of the brotherhood” and strongly discourage brethren from taking action in the civil courts. Therefore, the Synod calls upon all parties toa disagreement, accusation, or controversy to fully use the Synod’s adjudication system. Ifa person or entity to whom the provisions of this chapter are applicable shall unreasonably refuse to heed this admonition or to respect the jurisdictional authority of the respective Commission on Adjudication or Appeals, the person or entity shall forfeit all rights under this chapter. In such case each party tothe disagreement, accusation, or controversy shall be free to enforce or defend his rights in the civil courts. However, fitness for ministry and other theological matters should never be deter- mined outside the church. c. No person or entity to whom or to which the provisions of this chapter are applicable because such person or entity is a member of the Synod may render the provisions of this chapter inapplicable by terminating that membership. 8.09 The Congregation’s Right of Self-Government The congregation’s right of self-government shall be recognized. However, when a decision of a congre- gation is in issue, a Commission on Adjudication may review the decision of the congregation accord- ing to the Holy Scriptures and shall either uphold the action of the congregation or advise the congregation to review and revise its decision. If the congregation does not revise its decision, the other congregations of the Synod shall not be required to respect this decision, and the District involved shall take action with respect to the congregation as it may deem appropriate. B. STRUCTURES FOR ADJUDICATION AND APPEAL 8.11 Commission on Adjudication There shall be one District Commission on Adjud- ication for each District of the Synod, and one synodical Commission on Adjudication. Commis- sions on Adjudication shall be constituted, have jurisdiction, and follow the procedures set forth or authorized in this chapter.