LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 11

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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 sections 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 Bylaws 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.
Page 81 – 02.23.13 – COH Minutes