• Personal Legal Advice 2

• Undocumented Aliens 3-7

• Social Events 8

• Child Custody 9

• Charitable Donation Programs 10

  • • Matching Donation Programs 10.1

  • • Volunteer Service Donation Programs 10.2

  • • Fund-Raising Programs 10.3

1. In harmony with Matthew 22:21, 37, Romans 13:1-7, Philippians 1:7, and 1 Timothy 2:1-2, the congregation respects the relative authority of secular governments. To ensure compliance with applicable laws, two elders, if possible, should call the Legal Department immediately in the following situations:

1. (1) The elders receive a request or an order to disclose confidential information, such as a request from an individual, the authorities, an attorney, or the media.

2. (2) The elders learn of an accusation of child abuse, abuse of the elderly, or abuse of the disabled.​—See Chapter 14.

3. (3) The elders learn of threatened or actual legal action against the organization, the local congregation, or an elder in connection with a congregation matter.

4. (4) A manager insists that no further visits be made by Jehovah’s Witnesses to a subdivision or an apartment complex, a government official seeks to impose some restriction on our ministry, or violent opposition to our ministry arises.​—See 23:21-23.

5. (5) A publisher while in the ministry or in any other theocratic activity was involved in an incident resulting in serious bodily injury or death. (See 21:30.) If an elder is contacted by anyone who requests a statement, he should not discuss the incident or publishers involved, nor should he answer any questions. Rather, the caller’s name, telephone number, title, and the office he represents should be obtained, and he should be told that the elders will contact an attorney before responding to any questions.

2. As spiritual shepherds, elders do not involve themselves in the legal matters of individual Christians. (Gal. 6:5) In their role as elders, they should not offer legal advice or encourage publishers to contact the Legal Department for legal advice on personal legal questions. For example, if a publisher asks about a restraining order or an order of protection, the elders should politely tell him that this is a personal legal matter that does not involve the congregation. Elders should not try to enforce such orders between private parties.

3. Elders take a keen interest in the spiritual, emotional, and physical needs of fellow believers who are “foreign residents.” (Ps. 146:9; 1 John 3:17, 18; w17.05 pp. 3-7) An individual who asks about meeting the legal requirements for residency should be encouraged to consult Scriptural references such as Romans 13:1-7, Titus 3:1, and 1 Peter 2:13-17 and to do research in our publications.

4. A foreigner may wish to obtain qualified legal assistance for such personal legal matters. It is not the responsibility of congregation elders to research and enforce secular laws involving undocumented aliens.​—Philem. 8-22; w77 pp. 191-192.

5. All Christians are obligated to obey the laws of the land in which they live and thus give “the superior authorities” their relative subjection. (Rom. 13:1) For this reason, an undocumented alien would not qualify for appointment as an elder, a ministerial servant, or a regular or auxiliary pioneer until he has obtained legal residency or taken genuine steps to procure such. (1 Tim. 3:7, 10) He may not be assigned to oversee any congregation responsibility. Additionally, although he may assist with the cleaning and construction of his own Kingdom Hall and with the cleaning of his own Assembly Hall, he may not work with construction or maintenance on other Kingdom Halls or Assembly Halls. However, he may comment at congregation meetings and present student parts in the midweek meeting. If he is exemplary in every other way, he may be granted certain additional privileges, just as Paul used Onesimus to a certain extent. (Col. 4:7-9; Philem. 13) For example, he may be allowed to pass microphones and help with literature. He may also be granted use of the Kingdom Hall for a wedding if he meets the Scriptural and civil marriage requirements.​—See 27:6.

6. When an undocumented alien requests in good faith or obtains permission from the proper governmental authority to reside in the country, his situation changes because he is thereby demonstrating more fully his subjection to “the superior authorities.” (Rom. 13:1) Once the publisher has sought permission to be in the country, he is no longer viewed as a fugitive and thereafter may enjoy privileges of service even if Caesar takes an extended period of time to process the application. Thus, if he is otherwise spiritually qualified and, if employed, is working without resorting to fraudulent means, he may serve as an elder, a ministerial servant, or a regular or auxiliary pioneer. When recommendations are submitted for such ones to be appointed to serve as elders or ministerial servants, their situation should be fully explained to the circuit overseer.​—See Addendum to “Shepherd the Flock of God”—​1 Peter 5:2 for any additional direction that may apply locally.

7. If a publisher makes a request for residency but is later denied and remains in the country illegally, he would no longer qualify to serve as an elder, a ministerial servant, or a regular or auxiliary pioneer. It is also not honest for a publisher to use falsified documents of any kind or to submit what he knows to be inaccurate information when applying to a government agency for a certain status or privilege. If the government becomes aware of this, the individual may face some sort of sanction on a charge of fraud and the congregation could come into disrepute. In such cases, further action on the part of the congregation may be necessary. Before proceeding, elders should send a letter to the Service Department for direction. However, if one applied for or obtained legal status through such means before coming to an accurate knowledge of Scriptural principles, the elders would not make this an issue.​—1 Cor. 6:11.

8. The congregation does not organize or sponsor social events. Individuals who host social events bear personal responsibility for what occurs at the event. Such individuals should not state or imply that they are acting on behalf of the congregation. They should not use terms such as “congregation picnic” or “congregation gathering.” (od pp. 127-128 par. 19) Thus, invitations should not be posted on the information board, nor should announcements regarding social events be made from the platform.

9. If publishers become involved in a lawsuit over child custody and visitation matters, two elders should contact the Legal Department if the answers to all of the following questions are yes:

1. (1) Has someone been served with papers to appear in court?

2. (2) Is the litigation between two biological parents?

3. (3) Is the other party to the litigation not one of Jehovah’s Witnesses?

4. (4) Is it evident that the publisher’s religious beliefs will be at issue?

10. Some charitable donation programs may be acceptable to a Christian. The following are brief descriptions and comments about their use:

1. (1) Matching Donation Programs: In these programs, a company agrees to increase or match an individual’s donation to a charitable organization. The company is simply making an additional voluntary contribution. Since the donation does not require the congregation’s active participation, designating a charitable organization in a matching donation program is a personal decision. Publishers should not initiate such an arrangement with the company but may take advantage of an established program.

2. (2) Volunteer Service Donation Programs: In these programs, a donor agrees to make a donation to a charitable organization for which an individual performs a required amount of volunteer service. Publishers should not designate the branch office or a congregation to receive donations as a charitable organization for which they do “volunteer service,” and congregations should not participate in such programs. All publishers perform their ministry motivated by their dedication to Jehovah and their personal obedience to Jesus Christ’s command, not in behalf of the congregation or any other organization. This is the case whether the publisher expends time working on construction projects, in relief work, or any other activity that advances Kingdom interests.

3. (3) Fund-Raising Programs: In these programs a donor offers to donate to a designated charitable organization based upon an individual’s commercial activity with the donor. For example, a grocery store may agree to donate a percentage of an individual’s purchases from that store. Frequently, these programs require the designated charitable organization to participate actively, such as by encouraging its members and others to do business with the donor. The congregation, however, should not promote any type of commercial activity or solicit funds. Thus, publishers should not designate the branch office or a congregation to receive donations from a fund-raising program, and congregations should not participate in this type of program.