LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 22, 2002, Page 5

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Question 3:

“What happens to the accused in all this? If the complainant can bring the charges farther
up the ladder, does this not place the accused in a case of double jeopardy?”

Opinion: Double jeopardy involves being tried more than once for the same violation. The procedure of
Bylaw 2.27 b is not a trial. It is an investigation. It is a procedure whereby a District President
investigates whether the matter should be formally presented to a Dispute Resolution Panel for decision.
If the conclusion of the District President is in the negative, the complainant has a right to ask the
Praesidium to undertake a similar investigation. Double jeopardy does not attach to investigations.
Double jeopardy is applicable to the formal hearing at which the Dispute Resolution Panel reaches a
decision as to whether the accused is guilty of the charges and that such guilt is of such a type that it
requires expulsion from the Synod. Once a decision is reached, the accused cannot be tried a second time
on the same facts.
7. Requests for Reconsideration of Opinion 01-2243 (02-2251)
Letters were received from a District President and several pastors requesting a reconsideration of the
Commission’s January 11 ruling regarding publicity in dispute cases. After brief discussion, the
Commission asked the Secretary of the Synod to research past Commission on Constitutional Matters
minutes to identify any former opinions pertaining to the question.
8. Next Meeting
The Commission will next meet April 15-17 in St. Louis. A portion of the meeting time will be reserved
for orientation of new members.
9. Adjournment
The Commission having addressed all business on its agenda for this meeting, Albert Marcis closed the
meeting with words of benediction.

Raymond L. Hartwig, Secretary

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