LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 42

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prepared, signed, and dated by the witnesses to the blind draw. Names shall be used in the order
in which they were surfaced by the blind draw.
P. Disqualification of Ecclesiastical Supervisors or Panel Members: The standard for disqualification shall be actual partiality or the appearance thereof. When identified by blind draw,
potential panel members shall be contacted personally to discuss their availability to serve. The
Secretary or President of the Synod shall provide general information regarding the matter and
identify the persons involved in the matter in order to uncover potential conflict of interest
concerns. Circumstances that are thought to or are likely to affect performance of duties and the
outcome of a formal process shall be disclosed to the President of the Synod or the Secretary of
the Synod as appropriate.
If a hearing facilitator or panel member concludes that he/she has personal knowledge of the
matter, he/she shall, upon becoming aware of the same, disclose the knowledge and nature
thereof and his/her assessment that such will not adversely affect his/her service. This information
shall be shared with the accused and the President of the Synod. Undue familiarity with those
involved in the matter must not be demonstrated in any manner during the panel hearing.
In the event that the qualification of the President of the Synod is challenged under Bylaw
2.15.4.1, the question shall be decided by a majority vote of the Council of Presidents. If the
challenge is successful, the next-qualified officer of the Council of Presidents shall function in the
place of the President of the Synod.
Any party may challenge the eligibility of a panel member or hearing facilitator to serve. In the
event that the service of a panel member or hearing facilitator is challenged and the panel member
or hearing facilitator disagrees with the challenge, the question shall be decided by a panel of
three (3) district presidents not involved in the case, selected by blind draw by the Secretary of
the Synod for this purpose. In the event of disqualification of a panel member, another panel
member shall be selected in the same manner as the disqualified member was selected.

Q. Confidentiality: It is anticipated that all parties will openly and candidly admit their offenses,
which requires an environment in which parties may speak freely, without fear that their words
may be used against them in some subsequent legal proceeding. Therefore, all parties and other
participants acknowledge and agree, by their participation in the Bylaw section 2.15 process, that
they will keep confidential all communications that take place during the process, except as
provided in this confidentiality provision. This confidentiality agreement extends to all oral and
written communications of all ecclesiastical supervisors, parties, and panels, and includes all
records, reports, letters, notes, and other documents received or produced as part of the Bylaw
section 2.15 process.
(a) Those documents that existed prior to the bylaw process and were otherwise open to
discovery apart from this process are excepted.
(b) Parties agree not to attempt to compel panel members to divulge any documents or to
testify regarding the process in any judicial or adversarial proceeding, whether by personal
testimony, deposition, written interrogatory, or sworn affidavit.
(c) Appropriate and necessary information may be divulged under the following circumstances, for which the parties will hold panel members harmless, as when:
(1) As part of normal office operations, the Synod and its representatives consult with
staff members or outside experts regarding particular issues or problems related to a
matter;
(2) Information is divulged when compelled by statute or court of law;

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