LCMS Convention Workbook St. Louis, Missouri — 2023, Page 403

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
suspend a member of Synod as a “suspending ecclesiastical
supervisor,” contradicts Const. Arts. XI A 1; XI B 1–3; XII 7; XII
8 and Bylaw 3.3.1.1.1 (b) of the Synod.
WHEREAS, The Synod in convention “may adopt bylaws that are
consistent with and do not contradict the Constitution of the Synod”
(Constitution Article XIV); and
WHEREAS, The officers of the Synod “must assume only such
rights as have been expressly conferred upon them” (Const. Art. XI
A 1); and
WHEREAS, The scope of scope of ecclesiastical supervision
granted to the President of the Synod is limited to Const. Art. XI B
1–3 and Bylaw 3.3.1. Consequently, the ecclesiastical supervision
over the members of Synod has not been expressly conferred upon
the President of the Synod and this right cannot be granted to him
unless the Constitution of the Synod is amended by convention
action as stated in Const. Art. XV 2–4; and
WHEREAS, Only the President of the Synod and district
presidents possess the duties of ecclesiastical supervision and only
as specified; in this regard, the President of the Synod does possess
“supervision regarding the doctrine and administration of all
officers of the Synod, all such as are employed by the Synod, the
individual districts of the Synod and all district presidents” (Const.
Art. XI B 1) and it is his “duty to see to it that all the aforementioned
act in accordance with the Synod’s Constitution, to admonish all
who in any way depart from it, and, if such admonition is not
heeded, to report such cases to the Synod” (Const. Art. XI B 2); and
WHEREAS, Only the district presidents “especially exercise
supervision over the doctrine, life, and administration of office of
the ordained and commissioned ministers of their district” (Const.
Art. XII 7, emphasis added); and
WHEREAS, Only the district presidents are empowered to
suspend from membership ordained and commissioned ministers,
and then according to the bylaws of the Synod (Const. Art. XII 8);
and
WHEREAS, The President of the Synod “has and always shall
have the power to advise, admonish, and reprove, and to
conscientiously use all means at his command to promote and
maintain unity of doctrine and practice in all the districts of the
Synod” (Const Art. XI B 3). However, since only the district
presidents are “empowered to suspend from membership ordained
and commissioned ministers” (Const. Art. XII 8), suspension
cannot be one of the means available to the President of the Synod;
and
WHEREAS, Bylaw 2.14.5, when it grants the power and authority
to the President of the Synod to suspend a member of Synod as a
“suspending ecclesiastical supervisor,” contradicts the Constitution
and Bylaws of the Synod (Const. Art. XIV) for the following
reasons: The President of the Synod would thereby…
• be exercising rights not expressly conferred upon him,
contradicting the provisions stated in Const. Art. XI A 1;
• be granted the authority to supervise an individual member
of Synod not listed in his scope of ecclesiastical supervision,
contradicting the provisions stated in Const. Art. XI B 1;
• be doing more than reporting the matter to Synod in
convention, contradicting the provisions stated in Const. Art.
XI B 2;

403

be granted a power greater than to advise, admonish, and
reprove, contradicting the provisions stated in Const. Art. XI
B 3;
• be directly supervising an individual member of Synod,
contradicting the provisions stated in Const. Art. XII 7;
• be placing an individual member of Synod under suspension
thereby exercising a power and authority granted only to a
district president, contradicting the provisions stated in
Const. Art. XII 8;
• no longer be carrying out his ecclesiastical duties through
the district president in the districts of the Synod but rather
he would be dealing directly with an individual member,
contradicting the provisions stated in Bylaw 3.3.1.1.1 (b);
therefore be it
Resolved, That Bylaw 2.14.5 be amended as follows:
PRESENT/PROPOSED WORDING
•

2.14.5
If the district president determines not to initiate formal
proceedings, he shall in writing so inform the accuser, any other
district president involved, and the involved member, which shall
terminate the matter., subject to the following:
(a) If a matter of doctrine or practice is involved, the accuser
may, within 15 days after receipt of such notice, appeal for action
by the President of the Synod (Constitution Art. XI B 1–3). The
accuser shall so notify the district president, who shall within 15
days:
(1) notify the accused and any other district president involved
that an appeal for action is underway; and
(2) forward the appeal for action, with the record of his
investigation and determination and the accuser’s formal
written accusation, to the President of the Synod.
(b) The President of the Synod shall, within 15 days of receipt of
such appeal for action, consult with the district president.
(c) The President of the Synod may consult with the accuser, the
accused, and others involved. He may appoint an investigative
committee and / or ask an opinion of the CCM or CTCR, which
opinion shall be followed. He shall consult with the vicepresidents of the Synod.
(d) The President of the Synod may, in a matter of doctrine and
practice, and within 120 days of receipt of notice, suspend the
member as provided in Bylaw 2.14.6 and then, as the “suspending
ecclesiastical supervisor,” carry out the formal proceedings of
Bylaw 2.14.7 and following.
(e) If the determination is made not to initiate formal
proceedings, the President of the Synod shall in writing so inform
the accuser, any district president involved, and the involved
member.

New Jersey District
Ov. 10-04

To Realign Adjudication Process
with Walther’s Church and Ministry
Rationale
The history of The Lutheran Church—Missouri Synod (LCMS)
demonstrates that the ecclesiastical authority of adjudication in the
Synod has drastically changed throughout the last 30 years.
• Judicial cases were decided by district or Synod conventions
with ad hoc committees, which included laity, from 1847 to
1941.

2023 Convention Workbook