# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 25 26 2013_S4
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

the names from the list, to be returned to the Secretary of the Synod within one (1)
week after receipt.
(2) The Secretary of the Synod shall correct any problem with the list, using the blind
draw process as necessary. No member of the panel shall be from the district in which
the dispute arose or any district of any party to the dispute. No two (2) panel members
shall be from the same district.
(3) In the event that additional names are needed, three (3) names shall again be
selected in the manner set forth above, which names shall be submitted to each party
with the right to strike one (1) name before returning the list to the Secretary of the
Synod within one (1) week.
(4) In the event that a panel member or hearing facilitator is disqualified, another
individual shall be selected in the same manner as the disqualified member was
selected.
[Current paragraphs (h)–(k) will be re-lettered (i)–(l) or as appropriate.]

(D) Right of Certain Suspended Members to Request Hearing Before Final Hearing Panel
(Bylaws 2.14.8; 2.15.8; 2.17.8)
Rationale
At times, suspended members (not unavoidably detained) fail to attend the hearing which they requested
in order to appeal their suspension and expulsion from the Synod. According to current bylaws, they may
nonetheless request and be granted a second hearing before a Final Hearing Panel. At question is whether
such members should be provided opportunity to request a second hearing, given their failure to use their
first opportunity to present their case and given the significant expenditures of time and resources
required to call together a second panel. The Commission on Handbook proposes the following additions
to current Bylaw sections 2.14, 2.15, and 2.17 to remove opportunity to request a second hearing (before a
Final Hearing Panel) when the accused, unless unavoidably detained, has failed to appear before the
earlier Hearing Panel.
PRESENT/PROPOSED WORDING
2.14.8 Within 15 days after receiving the decision of the Hearing Panel, the accused (if an active
participant in the hearing before the Hearing Panel) or the President of the Synod if a question of
doctrine or practice is involved (Constitution, Art. XI B 1–3) may request a final hearing.
2.15.8 Within 15 days after receiving the decision of the Hearing Panel, the accused (if an active
participant in the hearing before the Hearing Panel), or the President of the Synod if a question of
doctrine or practice is involved (Constitution, Art. XI B 1–3), may request a final hearing.
2.17.8 Within 15 days after receiving the decision of the panel, the accused (if an active participant in
the hearing before the Hearing Panel) may request a final hearing.

(E) Addition of a Review/Appeal Process Between Hearing Panel and Final Hearing Panel
(Bylaws 2.14.7.9; 2.15.7.9; 2.17.7.9)
Rationale
The Commission on Handbook proposes the following additions to Bylaws 2.14.7.9 and Bylaw 2.14.7.10
(to be renumbered 2.14.8) to provide for an Appeal Panel for determining whether, when requested by the
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