Collection › LCMS Convention Workbook (St. Louis, Missouri) › 1983 · 55th Convention › Page 202
LCMS Convention Workbook St. Louis, Missouri — 1983, Page 202

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

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.