LCMS Convention Workbook St. Louis, Missouri — 1983, Page 203

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

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