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Proposed Amendments
D-10.0404 Every
charge shall be prepared
Filing of in writing and
filed with the
Charge clerk of session or the
stated
clerk of the presbytery aligned
with the same Primary Synod
(Westminster or Auburn) as
the accused.
D-10.0404(a) a. Upon receipt of a charge,
Session
the stated clerk of the presbytery
aligned with the same Primary
Synod (Auburn or Westminster)
as the accused, shall present
the charge to the session at
its next meeting. The session
shall determine whether it will
try the case or refer it to their
respective Presbytery.
D-10.0404(b) b. Upon receipt of a charge
Presbytery
the stated clerk of the presbytery
aligned with the same Primary
Synod (Westminster or Auburn)
as the accused, shall immediately
forward it to the moderator or
clerk of the Permanent
Judicial Commission of
that Presbytery.
D-10.0405 The session or permanent
Pretrial
judicial commission, which is
Conference to try the case, shall hold a
pretrial conference not later than
thirty days after receipt of
the charge(s).
D-10.0405(a) a. (Unchanged)
Time and
Place
D-10.0405(b)
b. At the time set for the
Those
pretrial conference, the
Present moderator and clerk
of session
or the Permanent Judicial
Commission alinged with
the same Primary Synod
(Auburn or Westminster)
as the accused, or the
prosecuting committee,
the accused, counsel for
the accused, if any, and
other appropriate persons at
the discretion of the moderator
and clerk shall ordinarily be
present. The moderator
shall
(1) read the charges to the
accused:
(2) inform the accused of the
right to counsel
(3) furnish the accused with
the names and addresses
of all the witnesses then
known, and a description
of the records and documents
that may be offered to support
each charge;
(4)
determine with the accused
and the prosecuting committee
those charges that are not in
dispute and discuss alternatives
to a full trial;
(5) review any reports of petitions
for review of the work of the
investigating
committee, hear any
additional challenges to the
appropriateness
of charges,
taking preliminary actions to
dismiss
some or all of the
charges, dismiss the case,
or
permit amendments to
the charges. Such preliminary
determinations shall be reviewed
by the session or permanent
judicial commission.
(6) schedule a trial to be held
no sooner than thirty days following
the pretrial conference, or if all
parties agree on those facts
contained in the charges that are
true and on a recommendation
degree of censure, schedule a
censure hearing;
(7) order all parties to appear.
D-10.0405(c) c. (Unchanged)
Nothing More
D-10.0406 (Unchanged)
Witnesses
Disclosed
D-10.0501 Appeal to the General Assembly
Appeal
to Arbitration Board may be made
General by
the accused, from their Primary
Assembly Synod's
(Auburn or Westminster)
Arbitration Permanent Judicial Commission,
Board if the issues do not
involve
ordination
standards, definitions
of
marriage, statements of faith,
forms
of evangelism, or educational
materials
used.
D-11.0101 The trial of a disciplinary case
Trial- shall be conduced
by a session
Disciplinary or permanent judicial commission
aligned with the same Primary
Synod (Auburn or Westminster)
as the accused.
D-11.0102 The trial shall be conducted
formally
Conducted with full decorum in a neutral
Formally
place suitable to the occasion.
D-11.0201 Citations
to appear at trial for
Citation of parties or such witnesses
as
Parties and either party may request shall
Witnesses
be signed by the moderator
or clerk of the session or
permanent judicial commission
aligned with the same Primary
Synod (Westminster or Auburn)
as the accused.
D-11.0201(a) a. (Unchanged)
Members Cited
D-11.0201(b)
b. (Unchanged)
Others
Requested
D-11.0201(c) c. When it
is necessary in
Witnesses from the trial to summon witnesses
another
who are under the jurisdiction
Governing of another governing
body
Body aligned
with the same Primary
Synod (Auburn or Westminster)
as the accused, the clerk or
stated clerk of the other
governing body shall, on the
application of the session or
permanent judicial commission
trying the case, issue a citation
to
the witnesses to appear at
the place of trial and give
evidence as may be required.
D-11.0201(d) d. (Unchanged)
Expenses
D-11.0202 A citation shall be delivered by
Service of
personal service or by certified
Citation
delivery. The moderator or
clerk of the session or the
permanent judicial commission
aligned with the same Primary
Synod (Auburn or Westminster)
as the accused, trying the case,
shall certify the fact and date of
service or delivery.
D-11.0202(a) a. (Unchanged)
Second Citation
D-11.0202(b) b. (Unchanged)
Accused does
not appear
D-11.0203 (Unchanged)
Refusal of
Witness to
Testify
D-11.0204 (Unchanged)
Deposition
D-11.0301 (Unchanged)
Counsel
D-11.0302 (Unchanged)
Unable to
Secure
Counsel
D-11.0303 (Unchanged)
Circulation
of
Materials
D-11.0304 (Unchanged)
Control
Conduct
of Trial
D-11.0305 (Unchanged)
Loss of
Quorum
D-11.0306 (Unchanged)
Closed
Proceedings
D-11.0401 (Unchanged)
Presumption of
Innocence
D-11.0402 The
trial of a disciplinary case
Procedure in shall proceed as follows:
a Disciplinary
Case
D-11.0402(a) a. The moderator shall announce
Announcement that the governing body aligned
by the the
same Primary Synod
Moderator (Westminster or Auburn)
as
the
accused, is about to proceed
to
trial, and shall enjoin the members
to
recollect and regard their high
character
as judges of a governing
body
of the Church of Jesus Christ
and
the solemn duties they
are
about to undertake.
D-11.0402(b) b. (Unchanged)
Eligibility of
Commission
Members
D-11.0402(c) c. (Unchanged)
Prelimary
Objections
D-11.0402(d) d. (Unchanged)
Plea
D-11.0402(e) e.
(Unchanged)
Opening
Statements
D-11.0402(f) f. (Unchanged)
Rules of
Evidence
D-11.0402(g) g. (Unchanged)
Prosecution
D-11.0402(h) h. (Unchanged)
Defense
D-11.0402(i) i.
(Unchanged)
Rebuttal
D-11.0402(j) j. (Unchanged)
Final
Statements
D-11.0403 (Unchanged)
Decision
D-11.0403(a) a. (Unchanged)
Beyond a
Reasonable
Doubt
D-11.0403(b) b. (Unchanged)
Judgment of
Guilt
by a two
thirds vote
D-11.0403(c) c. A written decision stating
Written the judgment on each
charge
Decision and the determination of
the
degree
of censure, if any, shall
be
prepared while in session. It
shall
become the final decision
when
signed by the moderator
and
clerk of the session or of
the
permanent judicial commission
aligned
with the same Primary
Synod
(Auburn or Westminster)
as
the accused.
D-11.0403(d) d. (Unchanged)
Announcement
in Open
Meeting
D-11.0403(e) e. (Unchanged)
Degree of
Censure
D-11.0403(f) f. The decision shall be filed
Filed promptly
with the clerk or
Promptly stated clerk
of the governing
body
aligned with the same
Primary
Synod (Westminster or
Auburn)
as the accused.
D-11.0403(g) g. (Unchanged)
Notification
of
Parties
D-11.0403(h) h. (Unchanged)
Further
Publicity
D-11.0501 (Unchanged)
Appeal Time
D-11.0502 (Unchanged)
Appeals
D-11.0601
The clerk of session or the clerk
Record of of the permanent
judicial
Proceedings commission aligned with the
same Primary Synod (Auburn
or Westminster) as the
accused, shall do the
following:
D-11.0601(a) a. (Unchanged)
Verbatim
Recording
D-11.0601(b) b. (Unchanged)
Exhibits
D-11.0601(c)
c. (Unchanged)
Minutes
D-11.0601(d) d. (Unchanged)
Record
D-11.0601(e) e. (Unchanged)
Preservation
of the
Record
D-11.0601(f) f. (Unchanged)
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