LCMS Convention Proceedings St. Louis, Missouri — 2013, Page 185

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(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 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 Bylaw 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 accused in a case already decided by a Hearing
Panel, there will be a need for a second hearing by a Final Hearing Panel (these changes also be applied to the Bylaw 2.15 and 2.17
expulsion processes).
At present, following a decision of a Hearing Panel in current
Bylaw 2.14, 2.15, and 2.17, opportunity for the accused to request a
final hearing must be granted in every case. This provision effectually empties the work and the decision of the Hearing Panel of
any value, since the decision of the Final Hearing Panel becomes
the final and binding decision in the matter.

R e s olu t i on s

PRESENT/PROPOSED WORDING
2.14.7.9

Upon completion of the hearing, the Hearing Panel
shall deliberate and then issue its written decision
within 30 days,.
(a) Copies a copy of the decision which shall be
mailed to the accused, the district president who
imposed the suspension, the accuser and his/her district president, the Secretary of the Synod, and the
President of the Synod.
(ab) The decision of the Hearing Panel shall be have
no precedential value and shall be final and binding,
subject to appeal by the accused or the President of
the Synod as set forth in Bylaw 2.14.8 below.
(c) The President of the Synod may request an opinion from the Commission on Constitutional Matters
(CCM) or Commission on Theology and Church
Relations (CTCR).
(1) Any opinion so requested shall be rendered
within 30 days or such greater time as the panel
may allow.
(2) When an opinion has been requested, the time
limitations will not apply until the parties have
received the opinion.
(3) CCM and CTCR opinions must be followed if
the matter is appealed.
(bd) If not appealed, the decision of the Hearing
Panel shall be carried out by the district president or
the President of the Synod and shall be publicized as
deemed appropriate under the circumstances by the
district president or President of the Synod.regarded
as final and shall
(1) be binding upon the parties and not be subject
to further appeal;
(2) have no precedential value;
(3) be carried out by the district president or the
President of the Synod; and
(4) shall be publicized as deemed appropriate
under the circumstances by the district president
or the President of the Synod.

Appeal Panel
2.14.8
Within 15 days after receiving theThe decision of the
Hearing Panel, may be appealed by the accused or
by the President of the Synod if a question of doctrine or practice is involved (Constitution, Art. XI B
1–3) within 15 days after receiving the decision.may
request a final hearing. (a) The President of the Synod
may also request that an opinion of the Commission
on Constitutional Matters (CCM) or Commission on Theology and Church Relations (CTCR) be
obtained. (1) Any opinion so requested shall be rendered within 30 days or such greater time as the panel
may allow. (2) When an opinion has been requested,
the time limitations will not apply until the parties
have received the opinion. The panel must follow any
2 0 1 3 C o n v e n t io n P r o c e e d i n g s

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