LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 10-11, 1992, Page 11

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within 180 days, the complaint shall be deemed denied, which shall likewise terminate
the matter.
It should be noted further that the 1987 opinion of the Commission on Constitutional matters with
regard to direct access to Commissions on Adjudication was sustained by the 1989 synodical
convention when Bylaw 2.27 was modified. At that time, the term "Praesidium" was substituted
for "synodical President." During the discussion, an amendment was proposed calling for the
substitution of the phrase,
“ ... complainant may present charges to the appropriate district or synodical Commission
on Adjudication."
for the proposed wording
“... complaint shall be deemed denied, which shall likewise terminate the matter." (Cf.
1989 Res. 5-08A)
That proposed amendment was declined. It is the proposed procedure which was declined which
the complainants now seek to follow,
In view of both the Commission on Constitutional Matters' previous opinion as well as the action
of the 1989 synodical convention, assuming a decision of the Praesidium not to proceed against
Dr. Bruch has been made, the Commission on Constitutional matters concludes that the matter
has been terminated and the complainants may not present their charges to the synodical
Commission on Adjudication for consideration.
In taking this action, the Commission noted that the case had been handled by the ecclesiastical
authorities and therefore should be dealt with under Bylaw 2.27. The Commission also directed that the
decision be sent to persons bringing charges as well as to Dr. Bruch and the district president.
82. Joint Response of Commission on Appeals and Commission on Constitutional Matters :
Chairman Schnelz reported that the Commission on Appeals had not taken action in order to state its
position in a joint response to the President regarding the differences which existed between the
Commission on Appeals and the Commission on Constitutional Matters. Chairman Schnelz stated that he
would be contacting Chairman Dissen of the Commission on Appeals notifying him that if they did not
have a response ready for inclusion at this time, the response of the Commission on Constitutional
Matters would be forwarded. The joint response which had been proposed was as follows:
The Commission on Appeals (COA) and the Commission on Constitutional Matters (CCM) met
in St. Louis on August 31-September 1, 1990, and in Chicago on November 9-10, 1990.
Respective subcommittees thereof met in St. Louis on January 26, 1991.
All meetings began and ended with worship and each problem was approached in Christian love
and respect for the other side's position.
The two (2) commissions were able to reach some informal agreement as to the communication of
information which should reduce procedural questions particularly in the area of jurisdiction. It was
obvious to both groups that some persons attempt to engage in what is known as forum shopping. All
agreed that such practices are counter productive and should be avoided.