LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 21

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(3) Discretionary acts: The Appeal Panel may approve an appeal if there was a clear
abuse of discretion impacting the decision of the Dispute Resolution Panel, resulting in
a gross miscarriage of justice, or that involves an obvious and inappropriate bias or
prejudice.

(I) Responsibilities of the Review Panel
(Bylaw 1.10.8.4)
Rationale
If an Appeal Panel grants a request for reconsideration of the decision of a Dispute Resolution Panel
and the matter goes before a Review Panel, current bylaws advocate that the panel “shall generally decide
the issue on the record without further formal hearing,” though they also allow the panel to “follow the
procedure used by a Dispute Resolution Panel if deemed necessary.” In practice, this bylaw has been
found to be less than realistic in its advocacy of deciding disputed matters solely on the record of the
Dispute Resolution Panel. In most cases, a serious error by the earlier panel is the reason for granting a
request for reconsideration by Review Panel. In addition, the written record cannot convey the oral
testimony and conversation that necessarily takes place during a hearing. For these reasons, the
Commission on Handbook advocates the following bylaw changes.
PRESENT/PROPOSED WORDING
Procedure of a Review Panel
1.10.8.4 If an appeal is granted, the Secretary of the Synod, or his representative, shall, within 21 days,
select a Review Panel in the prescribed manner (Bylaws 1.10.15ff.). The Review Panel shall
generally decide the issue by following the procedure used by a Dispute Resolution Panel
(Bylaws 1.10.7ff.)on the record without further formal hearing but may follow the procedure
used by a Dispute Resolution Panel decide the issue on the record without further formal
hearing if deemed necessary sufficient and appropriate.

(J) Special Three-Member Panel
(Bylaw 1.10.16.1–1.10.16.2)
Rationale
From time to time the need arises for a decision by the “separate three-member panel of reconcilers”
referred to in Bylaw 1.10.16.1. The current bylaw offers no instruction regarding this panel other than that
it shall be “drawn for that purpose according to the SOPM.” Questions have resulted regarding the
selection and performance of this panel. The Commission on Handbook proposes the following changes
to the bylaw.
PRESENT/PROPOSED WORDING
1.10.16.1 Any party and/or parties to a dispute shall have the right to request disqualification of a
reconciler, panel member, or hearing facilitator. If that individual does not agree to the
disqualification, the decision shall be made by a separate three-member panel of reconcilers
drawn for that purpose according to the SOPM.
(a) Nine (9) names shall be selected by blind draw from the Synod’s roster of reconcilers.
Page 91 – 02.23.13 – COH Minutes