Official Handbook Source Text
Handbook page 78
Source: LCMS Handbook 2023, page 78.
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.
on an issue not related to the sole issue to be decided, or a decision was made on a theological question that the panel had no authority to make.
(3) Discretionary acts: The Appeal Panel may approve an appeal if there was a clear abuse of discretion impacting the decision of the Hearing Panel, resulting in a gross miscarriage of justice, or that involves an obvious and inappropriate bias or prejudice.
(e) Within 30 days after its formation, the Appeal Panel shall issue its written decision in response to the request for reconsideration. If the Appeal Panel denies the request for reconsideration of the decision of the Hearing Panel, the decision of the Hearing Panel shall be regarded as final and shall
(1) be binding upon the parties to the matter 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.
(f) If the Appeal Panel grants the request for reconsideration of the decision of the Hearing Panel, a Final Hearing Panel shall be selected by the Secretary of the Synod.
Final Hearing Panel
2.14.9 Within 21 days after the receipt of the decision of the Appeal Panel granting
the request for reconsideration of the decision of the Hearing Panel, a Final Hearing Panel shall be selected.
(a) The panel shall be constituted in the same prescribed manner as described in Bylaws 2.14.7.2 – 2.14.7.6, except that the two district presidents, the three reconcilers on the panel , the hearing facilitator that provided assistance to the Hearing Panel, and the involved district presidents are omitted from consideration for the Final Hearing Panel.
(b) The procedures for the final hearing shall be the same as prescribed in Bylaws 2.14.7.6 – 2.14.7.8.
(c) The hearing facilitator of the Hearing Panel shall provide the Final Hearing Panel with a written statement of the matter and the Hearing Panel’s report, minutes, records, and proceedings.
2.14.9.1 Upon completion of the hearing by the Final Hearing Panel, the panel shall
deliberate and then issue its written decision within 30 days, a copy of which shall be mailed to the accused, the suspending ecclesiastical supervisor, the accuser and his district president, the Secretary of the Synod, and the President of the Synod. The final decision o f the Final Hearing Panel shall
(a) be binding upon the parties to the matter and not be subject to further appeal;
(b) have no precedential value;
