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Chapter Eight

Appeal Hearing Procedure

1. If the judicial committee receives a letter of appeal within seven days from the time the wrongdoer received notification of the decision to disfellowship, the chairman should promptly call the circuit overseer, who will arrange for an appeal committee. Arrangements should be made for the appeal hearing even if there seems to be no valid basis for it. He should select the most qualified elders available to rehear the case. To the extent possible, he will select brothers from a different congregation who are impartial and have no ties or relationship to the accused, the accuser, or the judicial committee.

2. If a person appeals after the seven days, immediately contact the branch office for direction.

3. The chairman of the judicial committee will make the completed S-77 forms and all other related material on the case, including the judicial committee’s notes, available to the appeal committee.

Objective and Approach of the Appeal Committee

4. The elders chosen for the appeal committee should approach the case with modesty and avoid giving the impression that they are judging the judicial committee rather than the accused. While the appeal committee should be thorough, they must remember that the appeal process does not indicate a lack of confidence in the judicial committee. Rather, it is a kindness to the wrongdoer to assure him of a complete and fair hearing. The elders of the appeal committee should keep in mind that likely the judicial committee has more insight and experience than they do regarding the accused.

5. Generally, there is no arrangement to hold an appeal hearing outside the circuit; if the accused has moved, he must be willing to travel back to the area so that the judicial committee can be present for the appeal hearing. If the accused deliberately fails to appear at the appeal hearing, the disfellowshipping should be announced after reasonable efforts have been made to contact him.​—od p. 154.

6. The appeal committee should first read the written material on the case and speak with the judicial committee. Afterward, the appeal committee should speak to the accused. Since the judicial committee has already judged him unrepentant, the appeal committee will not pray in his presence but will pray before inviting him into the room.

7. Conduct the hearing in a manner similar to the first judicial committee hearing. It may be necessary to rehear all the evidence relevant to the case, including that which was presented originally and any new evidence now available. For instance, if the accused continues to contend that he is innocent, the witnesses should again give their testimony in his presence, he should be given opportunity to respond, and the appeal committee should hear any additional witnesses he wishes to present to prove his innocence.

8. The judicial committee should be present to hear any testimony. If they or the accused believes that earlier testimony or evidence is being changed, this can be stated following the presentation of evidence that was allegedly altered.

9. After gathering the facts, the appeal committee should deliberate in private. They should consider the answers to two questions:

  • Was it established that the accused committed a disfellowshipping offense?

  • Did the accused demonstrate repentance commensurate with the gravity of his wrongdoing at the time of the hearing with the judicial committee?

10. The appeal committee may find that while the original basis for disfellowshipping was invalid, other valid grounds for disfellowshipping exist. If so, the appeal committee should give the individual sufficient time, even several days if needed, to present any evidence or witnesses that he feels will disprove the new allegations. If the new allegations are nonetheless established and if the person does not demonstrate genuine repentance, the appeal committee may decide to uphold the disfellowshipping on these new grounds. If the original committee agrees with the new grounds, they should adjust the S-77 form, announce the disfellowshipping, and submit the form to the branch office. The appeal committee’s brief summary should be retained in the confidential file along with a copy of the S-77 form and the brief summary of the original committee.If so, the appeal committee should prepare a new report for the branch office showing the new grounds for disfellowshipping. The appeal committee should submit this along with the report composed by the judicial committee and should tell the original committee to announce the disfellowshipping.

If the Appeal Committee Agrees With the Judicial Committee

11. If the brothers on the appeal committee feel they can accede to the judgment of the judicial committee, the appeal committee should inform the wrongdoer of the final decision in the presence of the judicial committee.

12. The judicial committee should allow seven days to pass before arranging for the disfellowshipping to be announced at the next Service Meeting.

13. The original committee should submit the completed S-77 form to the branch office. The appeal committee’s brief summary should be retained in the confidential file along with a copy of the S-77 form and the brief summary of the original committee.The appeal committee should compose a report and send this to the branch office along with the report given them by the judicial committee. The appeal committee should make sure that the report from the judicial committee is complete, including the date of announcement of the disfellowshipping.

14. When the disfellowshipping is upheld, there is no further arrangement for appeal. However, if an individual persists in believing a serious error in judgment has occurred, the appeal committee should inform him that he may submit his allegations in writing to the appeal committee within seven days for transmittal to the branch office. The appeal committee should not mention this provision unless the individual indicates that he believes a serious error in judgment has occurred.

15. If he indicates a desire to submit a letter of appeal to the branch office, the announcement of disfellowshipping should be delayed. The appeal committee should submit the wrongdoer’s letter, the report from the judicial committee, and a report from the appeal committee to the branch office. No announcement should be made until a reply is received from the branch office.

If the Appeal Committee Disagrees With the Judicial Committee

16. The appeal committee should meet privately with the judicial committee to discuss matters and explain the reason for disagreeing.

17. The accused should be invited back into the room, and the appeal committee should inform him that further consideration will be needed. He can be assured that the case will be concluded as soon as possible. Neither the judicial committee nor the appeal committee should give any indication of their differing decisions to the individual. After he is dismissed, the hearing can be concluded with prayer.

18. If the judicial committee does not agree with the conclusions of the appeal committee, the elders on the judicial committee should promptly compose a letter clearly expressing their reasons for disagreement and give this to the appeal committee. The appeal committee will include this letter along with their report to the branch office. On the other hand, if both committees now agree not to disfellowship the individual, the appeal committee should inform him of the final decision in the presence of the judicial committee. The appeal committee’s brief summary should be retained in the confidential file along with the brief summary of the original committee.On the other hand, the judicial committee may now agree with the appeal committee. If so, their letter should explain why. Even if both committees agree not to disfellowship the individual, they will not advise him of their decision; rather, they will simply tell the person that the decision is pending. The appeal committee will send to the branch office separate letters from both the original committee and the appeal committee that supply sufficient details to give a clear picture of the reasons for the conclusion.

19. The appeal committee should promptly compose a letter explaining the appeal committee’s conclusion and the reasons. The appeal committee should send this letter along with the S-77 report given to the appeal committee by the judicial committee at the beginning of the appeal hearing and the judicial committee’s letter explaining the judicial committee’s thinking on the decision of the appeal committee to the branch office. The branch office will thereafter provide written direction to assist both committees with bringing the case to a conclusion.

20. After the two committees have considered the observations of the branch office and made a final decision, the original committee should inform the person involved. If the decision is to disfellowship, the judicial committee will arrange to make an appropriate announcement in the congregation and inform the branch office of the date of the announcement.