# LCMS Convention Workbook_St. Louis Missouri_1983_S203 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) STRUCTURE AND CONSTITUTION 203 8.19 Commission on Appeals There shall be one Commission on Appeals, which shall be constituted, have such jurisdiction, and follow such procedures as hereinafter set forth. 8.47 Membership a. Each District Commission on Adjudication shall be elected by its District, and the synodical Commission on Adjudication shall be elected by the Synod, and shall consist of four clergymen and three laymen, at least two of whom shall be lawyers. The synodical Commission on Appeals shall be elected by the Synod and shall consist of five clergymen and four laymen, at least two of whom shall be lawyers. Terms of office shall be in accordance with Section 2.59 of these Bylaws. b. Teachers on the synodical roster may be elected as clergymen, provided that not more than one such teacher shall serve on any commission. c. With the exception of members of the faculties of the educational institutions of the Synod, no individual holding any position in the Synod, in any of its Districts, or in any organization owned and controlled by the Synod shall be eligible for member- ship on a Commission on Adjudication or the Com- mission on Appeals. 8.49 Officers Each Commission on Adjudication and the Com- mission on Appeals shall elect a chairman, vice- chairman, and secretary, and may elect such other officers as it may determine. 8.53 Vacancies Vacancies on any Commission on Adjudication or the Commission on Appeals shall be filled by alter- nates (in the respective classifications of clergymen or laymen) in the order of the number of votes received by the nominees in the election of such commission. If there are no alternates available, such commission shall choose any eligible communicant member of a congregation of the Synod (in the respective classification of clergymen or laymen, and who, in the case of a vacancy ona District Commis- sion on Adjudication, resides in said District) to fill the vacancy. Any person filling a vacancy shall complete the unexpired term of the member of the commission whose vacancy is being filled but shall not participate in any action in which such member was participating at the time the vacancy occurred. 8.55 Disqualification At the outset of any proceeding before a Commis- sion on Adjudication or Commission on Appeals, a member of the commission may be disqualified from acting in such proceeding if the member has a conflict of interest. Disqualification may be the voluntary act of the member himself or by the action of the Commis- sion on Appeals (i) on its own initiative or (il) on the complaint of any party to the proceeding. In the event a member or members of a commission shall be so disqualified, the Commission on Appeals or a mayjor- ity of the remaining members shall designate replace- ment(s) from the Commmission on Adjudication of another District. 8.13 Commission on Appeals There shall be one Commission on Appeals, which shall be constituted, have jurisdiction, and follow the procedures set forth or authorized in this chapter. 8.15 Membership a. Each District Commission on Adjudication shall be elected by its District, and the synodical Commission on Adjudication shall be elected by the Synod. Commissions on Adjudication shall consist of four clergymen and three laymen, at least two of whom shall be lawyers. The Commission on Appeals shall be elected by the Synod and shall consist of five clergymen and four laymen, at least two of whom shall be lawyers. Terms of office shall be six years in length and shall otherwise be in accordance with Section 2.59 of these Bylaws. b. On any commission one teacher on the synod- ical membership roster may be elected in the place of a clergyman. c. With the exception of members of the faculties of the educational institutions of the Synod, no individual holding any position in the Synod, in any of its Districts, or in any other organization owned and controlled by the Synod, shall be eligible for membership on a Commission on Adjudication or the Commmission on Appeals. 8.17 Officers Each Commission on Adjudication and the Com- mission on Appeals shall elect a chairman, vice- chairman, and secretary, and may elect such other officers as it may determine. 8.19 Vacancies a. Vacancies on the synodical Commmission on Adjudication or the Commission on Appeals shall be filled by the respective commission. Consideration should first be given to individuals who were nomi- nees to the respective commission in the most recent synodical election. b. Vacancies on a District Commission on Adjud- ication shall be filled by the District Board of Directors. Consideration should first be given to individuals who were nominees to the District Com- mission on Adjudication in the most recent District election. c. Any person filling a vacancy shall complete the unexpired term of the member of the commission whose vacancy is being filled but shall not participate in any case or proceeding in which the member was participating at the time the vacancy occurred. 8.21 Disqualification a. At the outset of any proceeding before a Com- mission on Adjudication or the Commission on Appeals, a member of the commission may be dis- qualified from acting in such proceeding if the member has a conflict of interest. Disqualification may be by the voluntary act of the member himself, by the respective Commission on Adjudication, or by action of the Commission on Appeals (1) on its own initiative or (2) on the complaint of any party to the proceeding. b. In the event a member of the synodical Com- mission on Adjudication or the Commission on Appeals is disqualified, and if, as a result of such disqualification, there is an insufficient number of individuals to form a case panel to hear and decidea case (Bylaw 8.61), the provision of Bylaw 8.19a shall prevail for that case only. c. Inthe event a member of a District Commission on Adjudication is disqualified, and if, as a result of such disqualification, thereis an insufficient number of individuals to form a case panel to hear and decide