Section: Judicial Administration

606.3

When a written accusation is filed with the district superintendent and has been presented to the District Advisory Board, the District Advisory Board shall appoint a committee of three or more assigned ordained ministers and not fewer than two laypersons as the District Advisory Board deems to be appropriate to investigate the facts and circumstances involved and report their finding in writing and signed by a majority of the committee. If after considering the committee’s report, it shall appear that there are probable grounds for charges, such charges shall be drawn up and signed by any two ordained ministers. The District Advisory Board shall give the accused notice thereof, as soon as practical, by any method which gives actual notice. When actual notice is not practical, notice may be provided in the manner which is customary for serving legal notices in that locality. The accused and his or her counsel shall have the right to examine the charges and specifications and to receive a copy thereof immediately upon request. No accused shall be required to answer charges of which he or she has not been informed as specified herein. (225.3)

606.4

If, after investigation it appears that an accusation against a member of the clergy is without factual basis and has been filed in bad faith, the filing of the accusation may be grounds for disciplinary action against those who signed the accusation.

606.5

In case charges are filed, the District Advisory Board shall appoint five assigned ordained ministers and not fewer than two laypersons as it deems advisable of the district to hear the case and determine the issues; these persons so named shall constitute a District Board of Discipline to conduct the hearing and dispose of the case according to the laws of the church. No district superintendent shall serve as prosecutor or as assistant to the prosecutor in the trial of an ordained minister or licensed minister. This Board of Discipline shall have power to vindicate and absolve the accused in connection with said charges or to administer discipline commensurate with the offense. Such discipline may provide for discipline intended to lead to the salvation and rehabilitation of the guilty party. The discipline may include repentance, confession, restitution, suspension, recommendation for removal of credential, expulsion from the ministry or membership of the church, or both, public or private reprimand, or any such other discipline that may be appropriate including suspension or deferment of discipline during a period of probation. (225.4, 540.4, 540.12, 606.11–606.12)

606.7

It is provided that in no case shall disciplinary action be taken against a missionary by a Phase 1 district as such.

606.8

The decision of a Board of Discipline shall be unanimous, written and signed by all members, and shall include a finding of “guilty” or “not guilty” as to each charge and specification.

606.9

Any hearing by a Board of Discipline herein provided for shall always be conducted within the bounds of the district where the charges were filed at a place designated by the board that is to hear the charges.