Official Handbook Source Text
Handbook page 74
Source: LCMS Handbook 2023, page 74.
This page reproduces text from the 2023 LCMS Handbook for study and navigation. Readers should verify procedural, legal, parliamentary, or governance questions against the official LCMS Handbook and appropriate LCMS authorities.
of their respective right to choose one Hearing Panel member and direct that the identity of their selection be transmitted to the Secretary of the Synod within 15 days from the date of such notice. If either party declines to make a selection within 15 da ys, the Secretary of the Synod shall then make such selection within five days.
2.14.7.4 The Secretary of the Synod shall also promptly select two lay reconciler s
and one ordained reconciler to serve as the remaining three members of the Hearing Panel and a hearing facilitator to assist the panel.
2.14.7.5 When the Hearing Panel members and hearing facilitator have so been
chosen, they shall promptly be notified of their selection.
2.14.7.6 Within 15 days after the Hearing Panel is constituted, the hearing facilitator
shall, after conferring with the panel, the accused, and the suspending ecclesiastical supervisor, select a date and location within 45 days after the Hearing Panel was constituted for the panel to hear and consider the matter, unless there is unanimous consent by the panel members for a short delay beyond such 45 days for reasons the panel deems appropriate.
2.14.7.7 The Secretary of the Synod shall forward to the Hearing Panel the
statement of the matter together with the written memorandum describing the manner in which there was compliance with the guidelines provided in Matthew 18:15– 16, “previous futile admonition” ( Constitution Art. XIII), as well as all of the provisions of Bylaws 2.14.3– 2.14.6.1.
2.14.7.8 The following guidelines are applicable to the Hearing Panel and all
involved persons:
(a) Holy Scripture, the Lutheran Confessions, and the Constitution and Bylaws of the Synod shall govern the panel in all its actions.
(b) The hearing before the panel shall be private, attended only by the parties to the matter and the witnesses who can substantiate the facts relevant to the matter. The only exception is stated under paragraph
(h) below.
(c) The panel shall establish the procedure to be followed in the hearing and the relevancy of the evidence so that each party to the matter shall be given an opportunity fully to present its respective position.
(d) Any member of the Synod, officer of a congregation, or officer of any organization owned or controlled by the Synod shall, when called upon by the panel to do so, testify or produce records related to the matter.
(e) No party to the matter , nor the accuser, nor anyone on the party’s or accuser’s behalf, shall communicate either directly or indirectly with the panel or any member of the panel without the full knowledge of the other party to the matter.
(f) While the matter is still undecided or while an appeal is contemplated or pending, publicity shall not be given to the issues in the matter by any of the persons involved during any part of the procedures outlined in this bylaw. However, at his discretion and as the needs dictate in order to “promote and maintain unity of doctrine and practice” ( Constitution Art. XI B 3) and in order to provide counsel, care, and protection for all the members of the Synod (Constitution Art.
III 8, 9), the President of the Synod or the district president in
