LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 2, 2002, Page 6

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Opinion: Bylaw 8.07 (h) states:
If the complainant requests formation of a Dispute Resolution Panel, the Secretary of the Synod
or his representative shall within 21 days select such a panel in the prescribed manner and then
forward to each panel member a copy of the report of the reconciler with its attachments.
Bylaw 8.15 b 1 states:
Nine names shall be selected by a blind draw from the Dispute Resolution Roster.
The Bylaws make no provision for a party to a dispute to be present in person or by representative at the
time of selection of the Dispute Resolution Panel. Accordingly, there is no right for a party to a dispute to
be present at the time of selection of the Dispute Resolution Panel, which is done by the Secretary in the
presence of a disinterested witness or witnesses.
Question 2: “If a nominated reconciler panelist is to be replaced once the initial draw and selection
process has transpired, should not the Secretary of the LCMS proceed to draw three
candidates for the remaining panelist slot, or six candidates drawn if two spots remain, so that
a) the same selection process and elimination process affording equal opportunity to
disputants to know the potential selectees and to discard for any reason an
appropriate number of them be continued in subsequent procedure as in the initial
procedure?
b) the disputants would know after the Bylaw 8.17 continuing blind draw the names of
the next potential panelist(s)?
c) the selection process by blind draw indicated in Bylaw 8.16 c 4 being inexact as to
methodology, said inexactness would best be made exact by the most fair and
reasonable approximation of the process more specifically designed in Bylaw 8.15 b
3?”
Opinion: Bylaws 8.15 b 3 and 4, when addressing the nine names selected by the Secretary from the
Dispute Resolution Roster, state:
3) The list shall be mailed simultaneously to each party, who shall be entitled to strike
three names and return the list to the Secretary of the Synod within one week.
4) The Secretary of the Synod will correct any problem in the panel membership by a
further blind draw for removals or additions until the panel is constituted.
Thus the pertinent bylaws provide that each party to a dispute has the opportunity to strike three names
from the nine selected by blind draw. However, the Bylaws make no similar provision if it is necessary to
make further adjustment by addition or deletion to the dispute resolution panel so that it meets the
pastor/layman requirements of Bylaws 8.15 b or 8.16 c. Therefore, a member deleted or added to the
Dispute Resolution Panel is done by blind draw and the parties to the dispute have no part in that
selection process.
Question 3:

“In a reconciliation panel proceeding and any proceedings such as a disqualification
proceeding (Bylaw 8.17) flowing from the initial proceeding, ought not the disputants be
provided by the Secretary of the LCMS with any and all information forwarded to the

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