• If the Appeal Committee Agrees With the Judicial Committee 9-10

• If the Appeal Committee Disagrees With the Judicial Committee 11-15

1. If the judicial committee receives a letter of appeal within seven days from the date the wrongdoer was notified of the decision to disfellowship, the chairman should promptly call the circuit overseer, who will arrange for an appeal committee. (If a person appeals after the seven days, immediately call the Service Department for direction.) Arrangements are made for an appeal hearing even if there seems to be no valid basis for an appeal. The circuit overseer will select qualified elders to rehear the case. If possible, he will select brothers from a different congregation or congregations. Those selected should be impartial and should not be close relatives of or have a special relationship with any of the elders on the judicial committee or anyone else involved in the case.

2. The chairman of the judicial committee will make the Notification of Disfellowshipping or Disassociation (S-77) form and all other related material on the case available to the appeal committee. The committee should make every effort to conduct the appeal hearing within one week after the letter of appeal was received.​—od pp. 140-141.

3. The appeal committee should avoid giving the impression that they are critical of the judicial committee. They must remember that the provision for an appeal does not indicate a lack of confidence in the judicial committee. Rather, it is a kindness to the wrongdoer and ensures a fair hearing that takes into consideration all of the pertinent facts. The appeal committee should keep in mind that the judicial committee likely has more insight and experience regarding the accused.

4. Generally, there is no arrangement to hold an appeal hearing outside the circuit where the judicial hearing took place. Thus, 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. Any exception must be approved by the Service Department. If the accused deliberately fails to appear at the appeal hearing, the disfellowshipping should be announced at a midweek meeting after reasonable efforts have been made to contact him.​—See 16:28-29.

5. The appeal committee first meets to read the written material on the case. This meeting should be opened with prayer. Thereafter, the appeal committee should meet with the judicial committee. Sometime later, but preferably on the same day, the appeal committee should meet with the accused and the judicial committee together. The judicial committee has already judged him unrepentant, so the appeal committee will not pray in his presence.

6. The appeal hearing is conducted in a manner similar to the judicial 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 assert 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. If the judicial committee 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.​—See 16:2-3.

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

1. (1) Was it established that the accused committed a disfellowshipping offense?​—See 12:2, 40-42.

2. (2) Did the accused demonstrate repentance commensurate with the gravity of his wrongdoing at the time of the hearing with the judicial committee?

8. 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 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 members of the original committee agree with the new grounds, they should adjust the Notification of Disfellowshipping or Disassociation form, allow seven days to pass before arranging for the disfellowshipping to be announced at the next midweek meeting, and then submit the form to the Service Department. As soon as possible after the hearing, a brief summary of the case should be prepared and signed by the appeal committee.​—See 22:21-27.

9. If the members of the appeal committee agree with the judicial committee, they should inform the wrongdoer of the final decision in the presence of the judicial committee. The judicial committee should allow seven days to pass before arranging for the disfellowshipping to be announced at the next midweek meeting. The judicial committee should submit the completed Notification of Disfellowshipping or Disassociation (S-77) form to the Service Department.​—See 22:21-27.

10. The appeal committee should not initiate discussion of a further appeal. However, if the individual persists in believing a serious error in judgment has occurred, the appeal committee should inform him that he may express his concern in a letter within seven days. If he indicates a desire to submit a letter of appeal, the announcement of disfellowshipping should be delayed. The appeal committee should submit to the Service Department a brief summary of the case, the judicial committee’s summary, and the individual’s letter. No announcement should be made until a reply is received from the Service Department. The body of elders should be updated on the results of the appeal hearing.​—See 22:21-27.

11. If the appeal committee feels that the decision to disfellowship the individual was made in error, the appeal committee should meet privately with the judicial committee to discuss matters and explain the reason for disagreeing.

12. If the judicial committee agrees not to disfellowship the individual, the appeal committee should inform him of the final decision in the presence of the judicial committee. The body of elders should be updated on the results of the appeal hearing.​—See 22:21-27.

13. If the judicial committee does not agree with the conclusions of the appeal committee and still believes that the individual should be disfellowshipped, he 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.

14. The judicial committee should promptly compose a letter clearly expressing its reasons for disagreement and give this to the appeal committee. Likewise, the appeal committee should promptly compose a letter explaining the reasons for its decision. The appeal committee should send both letters and the Notification of Disfellowshipping or Disassociation (S-77) form to the Service Department. The branch office will thereafter provide written direction to assist both committees with bringing the case to a conclusion.

15. 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. The body of elders should be updated on the final decision. If the decision is to disfellowship, an announcement should be made at the next midweek meeting and the Service Department should be informed of the date of the announcement.