LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 12

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(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
(Constitution, 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 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 (3) basic areas:
Page 82 – 02.23.13 – COH Minutes