• Determining Genuine Repentance 6-12

• If Repentance Is Unclear 13-17

• If the Decision Is to Reprove 18-25

• If the Decision Is to Disfellowship 26-31

1. The judicial hearing is opened with prayer with the accused present. Generally, observers are not allowed. (See 15:12-13, 15.) The chairman then states the reason for the hearing and explains that audio or video recordings of the hearing are not permitted. He should then read a scripture, such as Proverbs 28:13 or James 5:14, 15. In imitation of Jehovah, the elders will convey their desire to be helpful and will treat the accused with kindness. (Ezek. 34:11, 12) They should listen patiently and not draw conclusions before they have heard all the evidence. Even if the accused is belligerent, they should treat him kindly and respectfully, never harshly.​—w89 9/15 pp. 19-20.

2. The chairman invites the accused to make a personal statement. If the accused claims that he is innocent, the witnesses to the wrongdoing are presented one at a time. It is best that the witnesses give their testimony in the presence of the accused, although a victim of rape or of child sexual abuse is never required to do so. If a witness lives a great distance away or for some other reason is not able to be physically present, his testimony may be presented by means of a phone call or videoconference (if confidentiality can be maintained) or perhaps submitted in writing and read to the accused.

3. After each witness has testified, the accused is given opportunity to respond. If he wishes to present witnesses to establish his innocence, he may do so. Only witnesses who have relevant testimony regarding the alleged wrongdoing are allowed to testify. Witnesses should be informed of their responsibility to maintain confidentiality. Additionally, they should not be present to hear the testimony of other witnesses.

4. In the rare event that testimony presented during the hearing causes the judicial committee to conclude that the matter should not be handled judicially, the hearing should be suspended. Inform the person that he will be contacted further regarding the matter. The body of elders should then be consulted to determine whether the judicial committee ought to be disbanded.

5. The committee should first seek to establish the facts and ascertain the attitude of the accused. This requires skillful and discreet questions. The judicial committee should be thorough but not inquire about needless details, especially in regard to sexual misconduct. However, when Scriptural freedom to divorce and remarry is an issue or when the nature of Scriptural wrongdoing must be determined, details may need to be clarified. When the elders on the judicial committee feel that they have a clear understanding, they should excuse the accused from the room and discuss the case and the individual’s repentance or lack thereof. The judicial committee ought to feel free to seek Jehovah’s wisdom through prayer at any time during their private deliberations.​—Jas. 1:5.

6. In the Bible, two Greek verbs are used in connection with repentance. The first stresses a changed viewpoint or disposition. The second emphasizes a feeling of regret. Therefore, repentance involves a deep regret over a damaged relationship with Jehovah, remorse over the reproach brought upon God’s name and people, and a sincere longing to come back into Jehovah’s favor. It includes a heart-motivated rejection of the bad course as something repugnant, hated. (Rom. 12:9) Such an attitude should be demonstrated by “fruits that befit repentance,” making evident to an adequate degree a sinner’s claimed repentance.​—Luke 3:8; it-2 pp. 770-777.

7. Judging repentance is not simply a matter of determining whether the wrongdoer is weak or wicked. Weakness is not synonymous with repentance. Neither should the judicial committee’s decision be determined by the notoriety of the wrong. The judicial committee should look for clear works of repentance commensurate with his wrongdoing. (2 Cor. 7:10, 11) The committee must be convinced that the wrongdoer has a changed heart condition, that he has a zeal to right the wrong, and that he is absolutely determined to avoid it in the future. Even if this is the individual’s first time before a judicial committee, he must give evidence of genuine repentance if he is to remain in the congregation.

8. The extent to which the person deviates from righteousness may be major or minor, and logically the degree of regret (repentance) ought to be commensurate with the degree of deviation. Was the individual caught off guard so that he momentarily succumbed to temptation, or did he plan to do wrong? Was he unaware of the gravity of his sin? Did he deliberately ignore counsel or warnings? Was it a single offense, or was it a practice? The more an individual repeats serious sin, the more that one reasonably gives evidence of being like wicked people who are “practicing what is hurtful.”​—Ps. 28:3.

9. The judicial committee should be very concerned about keeping the congregation clean and the need to exercise particular care if the wrongdoer has secretly carried on gross sin over a long period. In such cases, an individual might not be able to demonstrate sufficient repentance to the committee at the time of the hearing. If so, he must be disfellowshipped, allowing time to pass for him to prove his repentance. Or it may be that the individual has been dealt with judicially a number of times in the past. Because he appeared repentant, he was reproved each time. Now he has sinned again. In these cases, the committee must consider whether the person’s life course gives evidence that he is producing “fruit that befits repentance.”​—Matt. 3:8.

10. Below are some indications of repentance. However, none of these factors is the only consideration when determining whether the sinner is repentant.

1. (1) Was his confession voluntary, or did he have to be accused by others? Some offenders are so deeply ashamed or have such difficulty expressing themselves that they are reluctant to speak.

2. (2) Is the individual truthful? (Acts 5:1-10) When questioned, are his answers forthright? Is he cooperative with the judicial committee? The judicial committee should be especially cautious if the individual has shown himself to be guilty of hypocrisy, lying, or deliberate efforts to deceive.

3. (3) Has he prayed to Jehovah and asked for his forgiveness? Keep in mind that some wrongdoers, though repentant, find it difficult to pray.​—Jas. 5:14.

4. (4) What has he done to repair his relationship with Jehovah and with others he has hurt by his actions? Has he made amends, expressed willingness to do so, or apologized to those damaged by his sinful course? Has he asked for the forgiveness of those he has wronged?

5. (5) If he has committed adultery, has he confessed to the innocent mate and asked for forgiveness?​—w73 pp. 351-352.

   The option to forgive adultery rests with the innocent mate. The guilty mate cannot be viewed as repentant if he refuses to inform her and allow her the opportunity to forgive. If the wrongdoer is unwilling to confess and ask for forgiveness because of fear of violence by the innocent mate or for some other reason, the elders should contact the Service Department before proceeding.

6. (6) Does he manifest a spirit of heartfelt regret over having damaged his relationship with Jehovah?​—Ps. 32:3-5; 51:1-4.

7. (7) Does he demonstrate godly sadness or worldly sadness? (2 Cor. 7:8-11) Is his sadness primarily because of hurting Jehovah and bringing Him into reproach or because of the disappointment he has caused to family and friends and the shame he has experienced? (Ezra 10:1; Luke 22:59-62) Individuals vary in their emotional makeup and control. Tears do not necessarily indicate sincere repentance; neither does a lack of strong emotion show a lack of repentance.​—Gen. 25:29-34; 27:34.

8. (8) Does he accept responsibility for his error, or does he rather minimize or justify his bad course?​—1 Sam. 15:24; 2 Sam. 12:13.

9. (9) Does he recognize that lesser sins may have led up to serious wrongdoing, and is he determined to avoid these?

11. Each case is different. The judicial committee should consider any factors unique to the case. For example, the wrongdoer may have been a victim of abuse. Although that is not an excuse for wrongdoing, understanding any extenuating circumstances will help the judicial committee to understand the wrongdoer better.

12. The same is true regarding wrongdoers who suffer from mental or emotional problems. (See 15:17.) If the wrongdoer is able to carry out normal daily activities and is viewed by the community as being accountable for his actions and decisions, the congregation should not overlook his wrongdoing. However, the judicial committee should show consideration and patience in their dealings with him and be especially aware of the need for discernment in evaluating his repentance. On the other hand, if the judicial committee discerns that his mental condition is so severe that others generally regard him as not being responsible for what he does, they may recommend to the body of elders that no judicial action be taken, explaining the reasons for their recommendation.

13. If the extent of the wrongdoer’s repentance is unclear, the committee should invite him back into the room for further discussion. They should use God’s Word to help him understand why his conduct was wrong and how it has affected his relationship with Jehovah and the congregation. It is possible that even as late as the judicial hearing, he will demonstrate repentance to the point that mercy may be warranted. In most cases, the individual will show some repentance, but is it commensurate with the degree of his wrongdoing? The judicial committee needs to be modest and keep in mind that if the wrongdoer has demonstrated few or no works of repentance before the judicial hearing is held, it may not be possible during the hearing to move him to demonstrate sufficient repentance to justify extending mercy. Even if it is determined that he must be disfellowshipped, their efforts to lead him to repentance may help him to begin making straight paths for his feet and work toward reinstatement. (Heb. 12:13) After trying to help him and hearing his further expressions, the judicial committee should excuse him from the room and continue to deliberate.

14. In complex cases, if the judicial committee is not sure of the Bible’s direction or the organization’s counsel, the hearing may be adjourned and reconvened a few days later. However, an additional meeting should not be scheduled just to give the accused time to stop the wrongdoing or to demonstrate works of repentance. If he has demonstrated little or no repentance during the initial hearing, there would generally be no basis on which to prolong the case and schedule a second meeting.

15. At times, complicated judicial cases may necessitate consultation with an experienced elder in another congregation or the circuit overseer. In such a situation, inform the wrongdoer that the decision is pending. Do not inform him that you will be consulting with parties outside of the judicial committee, which may at times include the branch office. While pertinent details may be discussed, names should not be used when discussing the case with another elder outside the congregation. However, when the circuit overseer is consulted or when circumstances require that the branch office be contacted, the judicial committee should reveal the names.

16. Those serving on a judicial committee should endeavor to be unanimous in their decision. Any difference of opinion can usually be resolved by discussing matters thoroughly as a judicial committee, researching the Scriptures and Christian publications, praying for wisdom and direction, and even consulting with an experienced elder outside the congregation. However, if the committee is unable to reach a unanimous conclusion, the minority should give support to the decision reached by the majority.

17. Anything submitted in writing to the committee by the alleged wrongdoer or by witnesses should be kept in strict confidence. If it is necessary to continue the matter later, the members of the committee should turn over to the chairman any personal notes they have taken. The chairman will keep these notes in a secure place to prevent breaches of confidentiality. The notes may be returned to the committee members for consultation before the hearing resumes.

18. If the elders on the judicial committee determine that the wrongdoer is genuinely repentant, they should inform him of the decision, the judicial restrictions, and whether the reproof will be announced to the congregation. They should also give reproof from the Scriptures, showing the seriousness of the wrongdoing and the minor sins that may have led up to it. Reproof is defined as “that which is designed to convince others of their having erred, in order to move them to acknowledge their mistakes and correct these.” (it-2 p. 780) Hence, judicial reproof includes more than just making a decision and announcing it to the congregation. It involves reinforcing the wrongdoer’s resolve to do what is right. In the Bible, the original-language word for reproof comes from a verb meaning ‘to show plainly, point out by facts, demonstrate, show by evident or convincing reasons or arguments.’ Helpful suggestions should be given to help him make needed adjustments. If witnesses testified during the hearing, they may be invited to hear the Scriptural reproof. In this way the wrongdoer is reproved “before all onlookers.” (1 Tim. 5:20) The judicial committee should pray with the repentant wrongdoer before concluding the hearing. As soon as possible after the hearing, a brief summary of the case should be prepared and signed by the judicial committee. (See 22:21-27.) The body of elders should be updated on the results of the hearing, including what restrictions will be imposed and whether any announcement will be made to the congregation.

19. In all cases of judicial reproof, the wrongdoer is disqualified from special privileges, such as pioneering or offering congregation prayer, until he has made further spiritual progress. This also includes other congregation assignments that might be given to those who are exemplary. In addition, some judicial restrictions should be imposed by the judicial committee in all cases of judicial reproof. Judicial restrictions may include not commenting at congregation meetings and not presenting student assignments on the midweek meeting. Such restrictions are removed gradually. When the elders inform a repentant wrongdoer of restrictions, it would be helpful to tell him the date of the next meeting, at which time his progress will be reviewed. It may be discouraging to the repentant wrongdoer if restrictions are imposed for a prolonged period of time. In most cases, the elders will remove some or even all of these restrictions before many months have passed.

20. The judicial committee determines whether the reproof will be announced to the congregation. Reproof should be announced in the following situations:

1. (1) The sin is widely known or will likely become known in the congregation or community. In such cases, an announcement will safeguard the reputation of the congregation. For example, in a case of adultery, an innocent mate may lean toward forgiveness but is not ready to resume sexual relations at the time that the judicial committee concludes the case. (w16.08 p. 12 par. 15) If the possibility of a Scriptural divorce still exists, an announcement would protect the reputation of the congregation and that of the innocent mate.

2. (2) The judicial committee has specific reasons to believe that the congregation needs to be on guard concerning the repentant wrongdoer. For example, in a case involving child sexual abuse, announcing the reproof of a repentant wrongdoer will serve as a protection for the congregation.​—See 14:19.

21. The coordinator of the body of elders should approve the announcement before an elder reads it to the congregation at the next midweek meeting. It should read as follows: “[Name of person] has been reproved.” The announcement should be made in only one congregation. Restrictions are not announced.

22. The judicial committee should monitor the spiritual progress of the repentant wrongdoer and be alert to remove judicial restrictions progressively as he recovers spiritually. The committee should use good judgment in determining if there is a need to consult with other elders on the body before removing any restrictions. (Prov. 15:22) In all cases, the body of elders should be informed when any restrictions are removed. (See 22:21-27.) When an elder serving on the original committee moves or is no longer serving as an elder, the body of elders will select a replacement to monitor the wrongdoer’s progress. If the wrongdoer moves before the committee lifts all of his restrictions, the new congregation should receive sufficient details so that the elders can evaluate his true spiritual condition. The elders should provide the type of information and details they would appreciate receiving if the individual was moving into their congregation. (If the wrongdoing involved child sexual abuse, see Chapter 14, paragraphs 26-27.) The elders of the new congregation should choose two or three elders to continue to monitor the wrongdoer’s progress and lift the remaining judicial restrictions.

23. In some cases the body of elders may feel that it is necessary to warn the congregation about the type of wrongdoing by means of a Scriptural talk. A member of the judicial committee should generally give the talk. He should explain the wrongness of the conduct and how to avoid it but without saying anything that would connect the wrongdoer with the type of sin under discussion. In the case of an announced reproof, the elders should wait a few weeks before giving such a talk; when the reproof is not announced to the congregation, there is no need to wait.

24. Generally, once a case has been concluded, no further judicial action would be taken. However, as an exception, the case might be reopened if within a few days of the decision new information comes to light that strongly indicates that the wrongdoer was not genuinely repentant. Perhaps he gave misleading testimony or purposely omitted important facts during the hearing. If so, two elders from the committee should contact the Service Department for direction. If the committee is directed to reopen the case, the individual would be informed of any new evidence and would be allowed to present his side of the matter.

25. If the person again engages in serious wrongdoing after the judicial committee renders a decision and completes the case, the body of elders should meet and select a new judicial committee. There may be advantages to assigning the same elders who served on the original committee, if they are available and still qualify.

26. If the wrongdoer lacks genuine repentance, he should be disfellowshipped. The committee should inform him of this decision and express their hope that he will change his ways and in time qualify to return to Jehovah’s organization. (2 Cor. 2:6, 7; od pp. 140-141; rj pp. 10-14) In a kind and positive way, the committee may read an appropriate concluding scripture such as Isaiah 1:18; 2 Corinthians 7:10, 11; or Hebrews 12:5-7, 11. In addition, the following information should be conveyed orally to the person:

1. (1) Explain the need for repentance as well as what steps he can take toward being reinstated in due time.

2. (2) Inform him that he may send a letter of appeal to the judicial committee within seven days if he feels a serious error in judgment has occurred. The judicial committee should neither encourage nor discourage him from doing so.

3. (3) Inform him that he may obtain a personal copy of the magazines and other literature, including special-request items, at the Kingdom Hall.

27. Before dismissing the person, the elders should ask if he has any questions. After dismissing him, the judicial committee should conclude with prayer. As soon as possible after the hearing, a brief summary of the case should be prepared and signed by the judicial committee and the Notification of Disfellowshipping or Disassociation (S-77) form should be filled out, with the date of the announcement left blank. (See 22:21-27.) The body of elders should be informed of the committee’s decision.

28. If the unrepentant wrongdoer did not attend the judicial hearing, the judicial committee should make reasonable efforts to inform him orally of their decision, his option to appeal, and so forth. The elders should not leave such confidential information on an answering machine or voice mail or send it by way of e-mail, text message, or other forms of electronic messaging. If he does not cooperate with the efforts to inform him, two elders from the committee should contact the Service Department before making an announcement.

29. The seven-day appeal period should be allowed to elapse even if the person states he does not wish to appeal. The coordinator of the body of elders should approve the announcement before an elder reads it to the congregation at the midweek meeting. It should read as follows: “[Name of person] is no longer one of Jehovah’s Witnesses.”

30. Disfellowshipping takes effect at the time of making the announcement to the congregation. In the interim before the public announcement, the wrongdoer should not be called on to comment or offer prayers at congregation meetings or care for any special privileges of service. The announcement should be made in only one congregation.

31. The judicial committee should promptly inform the Service Department of the disfellowshipping using the Notification of Disfellowshipping or Disassociation form.​—See 22:21-27.