# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_May 2 1980_S1
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Opinion Re Cases Before District Commissions of Adjudication
(Revised in next meeting)
In answer to five questions raised by a District Commission of Adjudication, the Commission on
Constitutional Matters has replied as follows:
1. It would seem that individual laypersons have access to the synodical procedures of
adjudication only in cases of excommunication and in cases which may result in expulsion of a
member (congregation, pastor, teacher) from the Synod. A layperson's principal forum for
complaints against the pastor and against his congregation is the congregation itself. He may also
appeal for assistance to the Circuit Counselor (??) and to the District President. Except for the
two cases noted above, access to Commissions of Adjudication is limited in Bylaw 5.01 to
members of the Synod as defined in Article V of the Synod's Constitution.
2. Charges that deal with "future acts" of the pastor or of a congregation cannot be
entertained since only God knows what the future holds.
3. A parishioner may indeed seek expulsion of the pastor from the Synod by the District
President (not by the Commission of Adjudication) on the charge that an ecumenical wedding has
taken place in the congregation. It is obvious, however, that a determination must be made 1)
whether the act was actually performed and 2) if so, whether it is an act which should result in
expulsion from the Synod
4. The same applies with respect to a charge that a baptism was performed in a formal
worship service by a pastor of a church body with whom the Synod is not in fellowship.
5. If a Commission of Adjudication does not have jurisdiction in a case or if a layperson has
received an unfavorable decision from the Counselor (??) and District President, it would seem
that the matter ends there as far as the individual lay member is concerned. However, those
eligible (??) to do so may lodge a charge of malfeasance (which is a new charge) against the
District President and/or Counselor with the First VicePresident of the District (Bylaw 5.13).
They may then also, if denied approach a District convention, a synodical convention, or the
synodical President (see "Opinion Re Removal of District Presidents from Office," Anaheim
Convention Workbook, pages 486-487)
COMMISSION ON CONSTITUTIONAL MATTERS Herbert Mueller, Secretary
May 2, 1980

Minutes of the Commission on Constitutional Matters - July 25-26, 1980
69. John Klotz opened the meeting with a prayer. The following were present: Carl Eberhard, John Klotz,
Herbert Mueller, Donald Prevallet, Gene Schnelz. Congratulations were extended to Dr. Eberhard on his
recent marriage. The minutes of the previous meeting were approved as submitted. It was resolved that a
gift should be secured together with a letter of thanks for Pearl Houghton who has recently had the
privilege of adopting an eight-month old baby. A warm welcome was extended to Dr. Mueller's new
secretary, Janet Gray.