LCMS Convention Workbook St. Louis, Missouri — 2013, Page 258

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258

Structure and Ecclesiastical Matters

(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 sections 2.15 and 2.17 expulsion processes).
At present, following a decision of a Hearing Panel in current
Bylaw sections 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.
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 behave 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 tThe 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 (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 opinion received from either the CCM or the CTCR.(b) Such
request for a final hearing shall be submitted to the Secretary of the

2013 Convention Workbook

Synod with copies provided supplied to the district president(s) of the
accuser and the accused, the chairman of the Hearing Panel, the accuser,
and the President of the Synod, and shall be accompanied by a written
memorandum stating the basis for the request.
(a) Within 30 days after receipt of an appeal from the accused, an Appeal Panel shall be selected by the Secretary of the Synod. The Appeal Panel shall be made up of three district presidents who shall be
trained for such service.
(1) One district president shall be selected by the accused, one
by the ecclesiastical supervisor of the accused, and the third
by the two Appeal Panel members so selected.
(2) If the two Appeal Panel members cannot agree on a third
panel member, the Secretary of the Synod shall select the
third member by blind draw from the remaining eligible
district presidents.
(b) The members of the Appeal Panel shall be provided with copies of
the official record of the case, including the full report of the reconciler, the Hearing Panel minutes, the written decision and all documentary evidence considered by the Hearing Panel, and the written
memorandum stating the basis for the appeal. The panel shall make
its decision solely on the basis of the materials received.
(c) The only decision to be made by the Appeal Panel shall be whether
to approve reconsideration of the Hearing Panel decision. The panel
shall not approve a request for a new hearing on the basis of newly
discovered evidence unless such evidence was clearly not available
to the Hearing Panel and was not the fault of the party requesting the
reopening of the case, and unless it is clear that the absence of such
evidence resulted in a gross miscarriage of justice.
(d) The standards of review that shall define the Appeal Panel’s considerations shall be limited to three basic areas:
(1) Factual findings: The Appeal Panel shall review factual
findings of the Hearing Panel only to determine if they
are supported by evidence. The Appeal Panel shall not
ordinarily sit in judgment of the Hearing Panel’s
conclusions regarding evidence, since the Hearing Panel
was in the best position to judge factual issues. The
Appeal Panel must be convinced that a mistake has been
committed, that is, that the evidence is such that reasonable
minds could not agree with the Hearing Panel’s decision.
(2) Conclusions on authority: The Appeal Panel may approve
an appeal if the Hearing Panel was clearly outside its
authority, e.g., a decision was made that the panel had no
authority to make under the Constitution and Bylaws of
the Synod, or a decision was made on an issue not related
to the sole issue to be decided, or a decision was made on
a theological question that the panel had no authority to
make.
(3) Discretionary acts: The Appeal Panel may approve an
appeal if there was a clear abuse of discretion impacting
the decision of the Hearing Panel, resulting in a gross
miscarriage of justice, or that involves an obvious and
inappropriate bias or prejudice.
(d) If the Appeal Panel denies the request for reconsideration of the
decision of the Hearing Panel and upholds the suspension of the
ecclesiastical supervisor, the decision of the Hearing Panel shall be
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.
(e) If the Appeal Panel grants the request for reconsideration of the decision of the Hearing Panel, a Final Hearing Panel shall be selected by
the Secretary of the Synod.