1. If a judicial committee is needed, the elders who are present at the Kingdom Hall should determine which elders will serve on the committee and which one will be chairman. (See 2:12) The elders chosen should be men of discernment and good judgment. Extensive details of the case do not need to be conveyed to the entire body, but enough information should be presented for the elders to determine whether a disfellowshipping offense has actually been committed and, if so, who is best qualified to handle the particular type of case that has arisen. (km 9/77 pp. 5-6) It is usually best for newer elders to serve first with more experienced ones. They would never serve as observers on a judicial case. However, complex cases may warrant having four or even five experienced elders on the committee.

2. If the elders know that the accused has strong feelings against a particular elder, it would be better not to use him. An elder who is a close relative or has been in business with the accused or has had a special friendship with him would not normally serve on the committee. (km 9/77 p. 6) If there are not enough elders locally to make up the committee, the body of elders may request the assistance of an elder in a neighboring congregation by contacting the body of elders where he serves. In such situations, you may also contact the circuit overseer for recommendations.

3. Serving on a judicial committee is a heavy responsibility. You are judging for Jehovah and are accountable to him for the judgment you render. (2 Chron. 19:6, 7) Your decision will likely have long-lasting and far-reaching consequences for the individual involved, his Christian family members, and others in the congregation. Each time you serve on a judicial committee, you should first review Chapters 5-7 of this publication.

4. Allowing an unrepentant wrongdoer to remain in the congregation could result in a leavening influence. (Gal. 5:9) Failure to remove the individual may also minimize the wrong in the mind of the wrongdoer and in the minds of others who may know of his sin. (Eccl. 8:11) On the other hand, an individual unjustly dealt with may have difficulty recovering his spirituality.​—Matt. 18:6.

5. You can render a good judgment with Jehovah’s help. (Matt. 18:18-20) Pray for wisdom, discernment, and God’s holy spirit. (1 Ki. 3:9; Phil. 1:9, 10; Jas. 1:5) Do careful, thorough research using Bible-based publications, not relying solely on past experience in handling judicial matters. (Prov. 15:28) Endeavor to obtain a clear picture regarding what occurred and what the individual’s true attitude is.​—Prov. 18:13, 17.

6. It is best for two elders to invite him orally. Their invitation should include the following information:

• Make clear that the meeting is a judicial hearing.

• Explain what his course of action is alleged to have been.

• State the time and place of the hearing and how the person can contact the chairman if the person is unable to meet at the scheduled time and location.

7. If circumstances permit, hold the hearing at the Kingdom Hall. This theocratic setting will put all in a more respectful frame of mind; it will also help to ensure greater confidentiality for the proceedings.

8. The assigned elders should make every effort to arrange for a judicial hearing right away. Leaving the matter unresolved can harm the congregation and the accused. If the accused does not make himself available to receive an oral invitation despite repeated efforts by the judicial committee, then the judicial committee should send a written invitation. (Do not leave confidential information on an answering machine or voice mail or send by way of e-mail.) A written invitation signed by the judicial committee should include the same information as outlined above for an oral invitation. If possible, send the invitation in such a way that the elders can verify that the addressee received it. If they are unsuccessful in their diligent efforts to invite him and they cannot confirm that he received the invitation, they should hold the matter in abeyance.

9. If he accepts the judicial committee’s invitation, yet fails to appear, the judicial committee should reschedule the hearing and endeavor to invite the accused again. If he does not attend after it is confirmed that he received the second invitation and if it is evident that he is unwilling to cooperate with the judicial committee, the committee will proceed with the hearing but will not make a decision until evidence and testimony by witnesses are considered.

10. If the accused makes known to the elders his adamant refusal to meet with a judicial committee, the judicial committee may proceed in his absence without extending further invitations.​—See 7:29.

11. If the accused is a married sister, it is best to have her believing husband present for the hearing. He is her head, and his efforts to restore her and direct her can be very helpful. (1 Cor. 11:3) If unusual circumstances are involved or the elders feel it would be best not to invite the husband because of their concerns for the safety of the wife, the elders should call the branch office.

12. If the accused is a married brother, his wife would normally not attend the hearing. However, if the husband wants his wife to be present, she may attend a portion of the hearing. The judicial committee should maintain confidentiality.

13. If the husband committed adultery, he has an obligation to inform his wife of the facts. The judicial committee should promptly inquire of the Christian wife as to what her husband has told her. If he refuses to inform her of his adultery, the elders should inform her that because of her husband’s conduct, it is up to her to decide whether to pursue a Scriptural divorce or not. Furthermore, they should inform the innocent mate that her resuming sexual relations with the guilty mate would negate any claim to Scriptural freedom. But they should not give her further details. On the other hand, the elders may find that while the husband did confess adultery to his wife, he did not tell her the full extent of his wrong conduct and left out important information that the wife should know. The elders should not provide this confidential information to the wife, but they can suggest that she speak with her husband again. Even if he does not tell her anything more, this will alert her to the fact that he is withholding information from her, and this may help her to determine whether to forgive or not.

14. It is best to meet with the youth and his Christian parents, since they have the responsibility to raise and train him. If the accused is living in the home of his believing parents but is no longer a minor, the elders would not generally invite the parents to the hearing. However, if the accused living in his parents’ home has recently become an adult and the parents ask to be present and the accused has no objection, the judicial committee may decide to allow them to attend a portion of the hearing.

15. When the judicial committee endeavors to meet with the incarcerated accused wrongdoer, the secular authorities may not allow all three members to meet with him at the same time. If so, a judicial committee should not handle the case over the telephone with a conference-line arrangement. The elders should endeavor to arrange for two members of the committee to meet with him in person in a confidential setting. Others should not be present when the accused person is interviewed. Afterward, the two brothers would discuss the case with the third member of the committee, and the judicial committee may then render a decision. Two members of the judicial committee should inform him of the decision. If he is disfellowshipped, the elders should inform him and tell him of his option to appeal, and so forth. If the authorities allow only one elder at a time to speak with him, the judicial committee should decide in advance what questions to ask. Then two on the judicial committee should talk with him separately and ask the same questions. Thereafter, the judicial committee should convene to make a decision. In unusual cases, the branch office should be contacted.

16. In judicial cases where the accused threatens suicide, it may be best for the committee to suspend the hearing to focus on helping him regain his balance. (See 7:12) They should assure him of the committee’s desire to help him, then broach the subject of depression and suicide, using the Scriptures and Bible-based publications. (Prov. 3:11, 12; 4:13; Heb. 12:5, 6, 11-13) Depending upon his emotional state, it may be best to do this a day or two later. The elders can prepare by reviewing articles that will help them deal sensitively with the depressed individual. (w00 9/15 pp. 3-7; w88 10/15 pp. 25-29; 11/15 pp. 21-24; w82 6/1 pp. 9-14) The judicial committee should avoid prolonging the case unnecessarily, as this can cause stress for the accused. They should take notes for the confidential file, outlining the dates of their conversations and the scriptures and articles that were considered. They should sign it and place it in the file for the case. The judicial committee should communicate with the branch office if there are questions about a certain case.

17. If the accused threatens legal action against the elders, the elders should suspend proceedings and promptly telephone the branch office.

18. If a member of the media or an attorney representing the accused contacts the elders, they should not give him any information about the case or verify that there is a judicial committee. Rather, they should give the following explanation: “The spiritual and physical welfare of Jehovah’s Witnesses is of paramount concern to the elders, who have been appointed to ‘shepherd the flock.’ The elders extend this shepherding confidentially. Confidential shepherding makes it easier for those who seek the elders’ help to do so without worrying that what they say to the elders will be divulged later. Consequently, we do not comment on whether elders are currently or have formerly met to assist any member of the congregation.” If there is a need to do so, the elders may obtain the inquirer’s name and phone number and inform him that their attorney will contact him. The elders should then promptly telephone the branch office.

19. If the authorities request confidential congregation records or ask that elders give testimony regarding confidential congregation matters, the elders should promptly telephone the branch office.