• Selecting the Judicial Committee and Chairman 1-3

• Preparing the Mind and Heart to Judge 4-6

• Inviting the Accused to the Hearing 7-11

• Meeting With Marriage Mates 12-14

• Meeting With Baptized Minors and Young Adults 15

• Meeting With Incarcerated Ones 16

• If the Accused Threatens Suicide 17

• If the Accused Threatens Legal Action 18-20

1. While extensive details of a case do not need to be conveyed to the entire body of elders, enough information should be presented for them to determine whether a disfellowshipping offense has actually been committed and, if so, who are best qualified to handle the type of case that has arisen. When the elders determine that a judicial committee is needed, those who are present at the meeting should choose the elders who will serve on the committee and designate which one will be chairman. (If the case involves child sexual abuse, see Chapter 14, paragraph 19.) The elders chosen should be men of discernment and good judgment. It is usually best for newer elders to serve first with more experienced ones. They would never serve as observers on a judicial case. The committee should be made up of three elders. 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, has been in business with the accused, or has had a special friendship with him would not normally serve on the committee. Ministerial servants should not be used to serve on judicial committees. In the rare circumstance in which three elders are not available to serve on a judicial committee, one or two elders from a neighboring congregation or the circuit overseer may be used to complete a committee of three members.

3. In the rare circumstance in which three elders cannot be located to serve on the judicial committee, two elders may care for the matter. The two elders will function as an appointed judicial committee. (Matt. 18:19, 20) However, prior to their informing the person of their decision, the chairman of the committee will submit a confidential report to the Service Department. The report should clearly outline the facts of the case and the conclusion reached by the committee. This report is to be sent whether the decision is to disfellowship the individual or not. The Service Department will review the report and confirm receipt of it to the committee. Thereafter, the two elders will inform the person of the committee’s decision. If the decision is to disfellowship, the committee will then submit the Notification of Disfellowshipping or Disassociation (S-77) form to the Service Department in the usual way.

4. Serving on a judicial committee is a heavy responsibility. Elders are judging for Jehovah and are accountable to him for the judgment they render. (2 Chron. 19:6, 7) Their 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 an elder serves on a judicial committee, he should first review Chapters 12, 15, and 16 of this publication.

5. 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 maintaining his spirituality.​—Matt. 18:6.

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

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

1. (1) Make clear that the meeting is a judicial hearing.

2. (2) Explain what his course of action is alleged to have been.

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

8. 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.

9. 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, text message, or other forms of electronic messaging.) 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.

10. 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.

11. 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 16:28.

12. 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, for example, if the elders feel it would be best not to invite the husband because of their concerns for the wife’s safety, they should call the Service Department.

13. If the accused is a married brother and he wants his believing wife to be present for the hearing, she may attend.

14. 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. (See 12:71-76.) 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.

15. 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 has recently become an adult and is still living in his parents’ home, the parents may ask to be present. If the accused has no objection, the judicial committee may decide to allow them to attend the hearing.​—See 14:29.

16. See 28:22.

17. In judicial cases in which the accused threatens suicide, it may be best for the committee to suspend the hearing to focus on helping him regain his balance. (See 12:81.) They should assure him of the committee’s desire to help him and then should 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. (g 4/14 pp. 6-9) The judicial committee should avoid unnecessarily prolonging the case, as this can cause undue 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. These notes should be signed and included in the file for the case. (See 22:21-27.) The judicial committee should communicate with the Service Department if there are questions about a certain case.

18. If the accused threatens legal action against the elders, the elders should suspend proceedings and promptly telephone the Legal Department.

19. If a member of the media or an attorney representing the accused contacts the elders, they should not give 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 willingly provide spiritual assistance to congregation members. The elders extend this spiritual assistance confidentially. This 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 Legal Department.

20. If the authorities request confidential congregation records or ask that elders give testimony regarding confidential congregation matters, the elders should promptly telephone the Legal Department.