JUDICIAL CODE OF RIGHTS AND PROCEDURES
Preamble to the Judicial Code
Synod 1977 adopted the first edition of the Judicial Code of
Rights and Procedures. It did so to “encourage greater uniformity
of procedure throughout our denomination when charges must be
adjudicated.” The belief is that this Code “will help to insure
just treatment of those who are involved in the judgment and
decisions of the church” and that providing “impartial judgments
among God’s people” is required by Scripture (Deut. 1: 16-17;
Deut. 16: 18-20; Lev. 19: 15; 1 Tim. 5: 19-21). “Procedural
guidelines” are needed to deal with substantive issues in an
appropriate and “ecclesiastical manner” (Church Order, Article
28), and, according to synod, the Judicial Code provides this
“procedural pattern within which the law of love may be
fulfilled” (James 2: 1, 8-9).
However, the Judicial Code should not be considered as providing
a means of broad applicability for resolving disputes. Rather,
the Judicial Code is intended to be a dispute-resolution
mechanism of last resort because judicial hearings and subsequent
decisions of assemblies will likely never fully satisfy the
parties involved. Thus, complete reconciliation may not be
achieved. Rather, the focus of Judicial Code hearings and of the
resultant decisions made by the assemblies is not primarily on
reconciliation but on some kind of final resolution. While the
Judicial Code does provide rights for all parties and a fair
process toward resolution, it does not purport to restore the
mutual trust that may have been lost as any given dispute may
have raged and festered.
Before invoking the rights afforded under the Judicial Code,
brothers and sisters in Christ should make every effort to
resolve issues between them amicably, according to the teachings
of Scripture. If they require external assistance to reach
agreement, they should, where appropriate, seek trained
facilitators or mediators to help them reach agreement. A process
of mediation led by neutral parties may facilitate a more
satisfactory resolution.
One of the ways in which issues can be resolved more amicably is
to use restorative justice practices. Synod 2005 encouraged “the
active participation of churches and church members in
restorative justice efforts in order to restore and reconcile
victims and offenders where possible, and to effect, as far as
possible, the establishment of justice for all members of our
societies.” It also urged “congregations, schools, denominational
offices, other Christian institutions, and homes to employ
restorative justice practices” (Acts of
Synod 2005, pp. 761-62). These practices bring
with them greater potential for true reconciliation.
On the other hand, mediation or restorative justice practices are
not necessarily appropriate for charges involving physical,
emotional, or sexual abuse. Such charges should be dealt with in
the first instance by way of the Advisory Panel Process approved
by synod and associated with the denomination’s Safe Church
Ministry (see Acts of Synod
2010, p. 866; Agenda for
Synod 2010, pp. 497-502).
Thus, even if written charges have been led and a formal
hearing has been requested, the assembly must still make a
determination as to whether or not sufficient means for
resolution, formal or informal, have or have not been exhausted.
If such means have not been exhausted, the assembly should
seriously consider postponing the judicial hearing while further
efforts are undertaken. Only after the assembly determines that
sufficient means have been exhausted or that such means do not
resolve the matter, should the assembly proceed to conduct a
judicial hearing as set forth below.
Section 1: Scope of the Judicial Code
a. Disputes arising from allegations of offenses against the Word
of God, doctrinal standards, or Church Order are subject to
resolution under the Judicial Code. In particular, the Judicial
Code governs the procedure for filing written charges and
conducting judicial hearings before a council, classis, or synod,
and appeals from judicial hearing.
b. Matters of admonition and discipline do not prompt a judicial
hearing unless there are written charges that either party or the
assembly determines require a judicial hearing. The Judicial Code
recognizes the fundamental and primary role of pastoral means in
all matters of admonition and discipline; it assumes that these
matters are best handled by counseling and entreaty; and if
sanctions are required, it leaves the determination of them to
the church under the Church Order.
c. The Judicial Code deals with the following matters:
i) Disputes involving members and/or assemblies of the church
and, in some limited instances, nonmembers (see Section 3-a).
ii) Disputes involving agencies, boards, or committees on one
side and members or assemblies of the church on the other side,
excluding challenges to termination of employment (see Sections
3-a, 5-d, 5-e).
d. With respect to such matters, the provisions of the Judicial
Code apply only
i) when written charges are filed; written charges may be filed
by an employee, an assembly, or an individual who is directly
affected either materially or personally; and
ii) when either party to the dispute requests a judicial hearing
or when the assembly rst hearing the charges determines to
constitute a formal hearing.
Section 2: Judicial Rights
a. Both the complainant and the respondent shall have the right
to be represented or counseled by a member of the CRC in any
judicial hearing. The requirement of church membership may be
waived at the discretion of the assembly that is hearing the
case.
b. Except when the assembly withdraws to decide the issues raised
in the judicial hearing, the complainant and the respondent shall
have the right to be present at the judicial hearing and at the
judicial hearing considering an appeal from a judicial
hearing.
c. Both the complainant and the respondent shall have the right
to have witnesses examined in their presence.
d. Both the complainant and the respondent may appeal by right
the decision of the assembly to the assembly next in order.
e. The provisions of the Judicial Code shall apply to all appeals
from decisions resulting from the judicial hearing on a
complaint.
f. No member or group of the CRC, nor any person connected with
the matter, shall circulate, or cause to be circulated, any
written or printed arguments or briefs upon any complaints before
the final disposition of same, including appeals, if any.
g. Assuring due process shall be the guiding principle in the
interpretation and application of the Judicial Code.
h. All judicial hearings shall be conducted in a considerate and
Christian manner.
Section 3: Procedures for Filing Written Charges
a. Written charges may be filed by
i) a member of the CRC against another member or against an
assembly;
ii) an assembly against another assembly or against a member;
iii) a person who is not a member of the CRC against a member or
assembly of the CRC, provided such person has been directly
affected as an individual by the charged offense;
iv) a member of the CRC against an agency, board, or
committee;
v) an assembly against an agency, board, or committee;
vi) an employee of an agency, board, or committee against an
agency, board, or committee, excluding challenges to termination
of employment.
b. Prerequisites:
i) If the allegation is abuse on the part of a church leader as
de ned by the CRC’s Safe Church Ministry’s Advisory Panel
Process, the complainant shall first have exhausted that process
in accordance with the procedures and standards of
confidentiality outlined therein and in lieu of the procedures
under Sections 2-5 of this Code, to the point of obtaining a
decision by the council of the church leader. Both parties have
the right of appeal to classis as provided in Sections 6-7.
ii) No written charges against an agency, board, or committee may
be filed until the complainant shall first have exhausted all
reasonable and direct efforts according to procedures prescribed
by such agency, board, or committee to resolve the appellant’s
complaint or grievance internally.
c. Time limits:
i) There is no time limit for filing a written charge of sexual
abuse. Allegations of sexual abuse against a church leader shall
first be made in accord with the Advisory Panel Process
associated with the CRC’s Safe Church Ministry.
ii) An allegation of non-sexual abuse of a minor may be filed at
any time before the complainant reaches age twenty-five (25).
However, allegations of non-sexual abuse of a minor shall first
be made in accord with the Advisory Panel Process associated with
the CRC’s Safe Church Ministry.
iii) All other written charges must be filed within three (3)
years of the date on which the offense is alleged to have
occurred.
d. A person or an assembly filing a written charge shall be
called the complainant, and the person or assembly against whom
the written charge is led shall be called the
respondent.
e. A written charge must be filed with an assembly, must set
forth the alleged offense, must specify the facts relied upon to
support the written charge, including, as far as possible, the
time and place of the offense, and must state whether a judicial
hearing is requested.
f. A written charge shall not allege more than one offense.
Several written charges against the same respondent may be
presented and decided jointly, but a decision on each written
charge must be made separately.
g. The complainant shall mail or otherwise deliver a copy of the
written charge to the respondent at the same time as it is filed
with the assembly.
h. Within sixty (60) days after the written charge is filed, the
respondent shall file an answer with the assembly and shall mail
or otherwise deliver a copy to the complainant. If the
complainant did not request a judicial hearing, the respondent
shall indicate in the answer whether a judicial hearing is
requested.
i. Jurisdiction of assemblies
i) A written charge against a member of the CRC shall be filed by
the complainant with the council of the local church of which the
respondent is a member.
ii) A written charge against an assembly shall be filed by the
complainant with the assembly next in order (the order being
council, classis, and synod).
iii) A written charge against an agency, board, or committee,
including its agent or employees, shall be filed by the
complainant with the assembly to which the agency, board, or
committee is responsible.
iv) If a council or an agency, board, or committee of classis is
the respondent, the judicial hearing shall be before the classis
and in accordance with the hearing procedures set forth in
Sections 2-5.
v) If a classis or an agency, board, or committee of synod is the
respondent, the judicial hearing shall be before the Judicial
Code Committee in accordance with the procedures set forth in
Sections 2-5.
Section 4: Pre-hearing Procedures
a. Except for good cause, the judicial hearing shall commence
within six (6) months of the filing of written charges.
b. After consulting with the complainant and the respondent, the
assembly shall set the time and place for the judicial hearing on
the written charge. At least forty-five (45) days before the
judicial hearing, the date must be fixed and the parties
notified.
c. No later than thirty (30) days before the judicial hearing,
the parties shall cause to be delivered to the other party and
the assembly a list of witnesses to be called to testify and a
copy of the exhibits to be offered at the judicial hearing. At
the judicial hearing, each party shall be limited to the
witnesses and the exhibits disclosed, unless the party can
establish that the witness or exhibit was not discovered until
after the deadline.
d. The assembly may, in its discretion, require further advance
disclosures by the parties concerning the witnesses, documents,
evidence, and arguments that they intend to present at the
hearing.
e. When a written charge is led with a council or classis,
that council or classis shall serve as the judicial body, which
shall include all members of the assembly except those who have a
con ict of interest. Any members having a conflict of interest
shall recuse themselves.
f. Either the complainant or the respondent may challenge the
impartiality of a member on grounds of self-interest or that
member’s relationship with or responsibility to a participant in
the judicial hearing. If the assembly decides by majority vote
that the challenge has merit, the member shall be recused from
the judicial hearing.
g. Before the hearing, the assembly shall determine whether the
written charges are substantial enough to warrant a hearing. This
may be done by the assembly on the basis of the written charge,
the answer, the proposed exhibits, and, if the assembly so
desires, an informal conference with the parties and their
representatives. The assembly may delegate the review of
information and the informal conference to a committee, but after
receiving a report from the committee, the assembly must make the
determination. This determination shall be conducted in a con
dential manner to protect the reputations of the people involved
and to protect the impartiality of the judicial assembly if the
charge moves forward. A decision by a council or a classis that a
charge is not substantial may be appealed.
h. If requested by either the complainant or the respondent, or
in the discretion of the assembly, the assembly may direct that
the proceeding shall not be published by any participant. All
participants shall be noti ed on the record of the no-publication
directive.
Section 5: Judicial Hearing Procedures
a. A judicial hearing, if ordered, shall proceed as follows:
i) Each party may make an opening statement summarizing what that
party expects to prove.
ii) The complainant shall proceed first with proofs, including
witnesses and exhibits, and may be permitted by the assembly in
its discretion to present rebuttal proofs.
iii) The respondent shall then proceed with proofs, including
witnesses and exhibits.
iv) The receipt of evidence shall not be controlled by formal
rules of evidence. The administration of oaths shall not be
required.
v) At the request of either party, the presiding of cer may
exclude any evidence if the presiding of cer determines that
admitting such evidence would be irrelevant, untrustworthy, or
fundamentally unfair.
vi) Both parties are permitted to question witnesses that testify
at a judicial hearing unless the parties agree in writing at
least fifteen (15) days before the hearing to admit a written
statement of a witness.
vii) After all evidence has been presented to the assembly, the
complainant and the respondent shall summarize their cases either
orally or in writing. The complainant may be afforded the
opportunity for rebuttal.
viii) If either party objects to irregularity in the proceedings,
the objection must be entered into the record. The presiding
officer may sustain or disallow the objection. If the chair’s
ruling is challenged, the assembly must vote on the question of
sustaining the chair.
b. The testimony shall be recorded verbatim.
c. The complainant has the burden to prove the written charge.
Written charges must be proven with a high degree of
probability.
d. If a complainant other than an employee or an assembly has
filed written charges against an agency, board, or committee, he
or she must allege — and the burden remains on him or her to show
in any hearing — that the decision, act, or course of conduct
being challenged substantially affects him or her directly,
either materially or personally, and as an individual apart from
other members of the church.
e. If a complainant is an employee who has filed written charges
against an agency, board, or committee, he or she must allege —
and the burden remains on him or her to show in any hearing —
that the decision, act, or course of conduct being challenged
substantially affects him or her directly, either materially or
personally, in his or her capacity as an employee.
f. If a respondent fails to appear and the assembly determines
that the respondent has been notified of the time and place of
the judicial hearing and has had sufficient time to appear, the
assembly may proceed in the respondent’s absence.
g. During the hearing, the presiding officer shall not comment on
the merits of the case. This restriction does not apply when the
assembly enters its final deliberations.
h. The final decision on any case shall be by majority vote of
the assembly of the members hearing the case. Any member that has
not attended all the sessions or heard the case in its entirety
may not vote unless that member reads or listens to the record
before a vote is taken.
i. The record of all proceedings including the testimony, the
exhibits, papers, evidence, and findings in the case shall be
certified by the presiding officer and shall be the basis of any
appeal. The parties may have reasonable access to the record.
Section 6: Appeals
a. Appeals shall be filed with the assembly next in order.
b. The grounds for an appeal include irregularities in the
proceedings of the lower assembly; decisions on the admission or
exclusion of evidence; bias or prejudice in the case; manifest
injustice in the judgment; or incorrect interpretation or
application of the Word of God, doctrinal standards, or Church
Order; and shall be based on the record of the judicial
hearing.
c. No decision resulting from a judicial hearing shall be amended
or overturned except on a showing that the procedures were
manifestly unfair; that the evidence obviously did not support
the decision; or that an incorrect interpretation or application
of the Word of God, doctrinal standards, or Church Order was
made.
d. The reviewing assembly shall not reassess the credibility of
the witnesses that testified at the hearing.
e. Appeals to synod from decisions of assemblies of the CRC
acting in their judicial capacity and appeals from a board,
agency, or committee of synod when the Judicial Code has been
invoked shall be referred to the Judicial Code Committee.
f. Persons that have voted on a matter in an assembly shall
recuse themselves from participating in the appeal.
g. A losing party that failed to appear at the judicial hearing
either personally or by a representative shall not be permitted
to file a claim of appeal.
Section 7: Appeal Procedures before a Classis following a Judicial Hearing before a Council
a. Within ninety (90) days of the certification of the record,
the losing party from a decision of a council following a
judicial hearing, including a decision in a Safe Church
proceeding, may file a written claim of appeal that states the
grounds for the appeal with the stated clerk of classis. A copy
of the claim of appeal shall also be delivered to the opposing
party, the opposing party’s representative, if any, and the clerk
of the council that decided the case. Upon receipt of the claim
of appeal, the clerk of council shall forthwith transfer the
certified record to classis. If the appeal is from a Safe Church
proceeding, the record referenced in step 12 of the Advisory
Panel Process shall be the record on appeal.
b. The appeal hearing in classis shall be limited to the grounds
set forth in the claim of appeal.
c. With the claim of appeal, the losing party may file a written
submission in support of the claim of appeal. Portions of
certified record and any other authority that supports the
grounds of appeal must be clearly cited. A copy of the submission
shall also be delivered to the opposing party. Except if
permission is granted by classis, the written submission shall
not exceed thirty (30) pages double spaced.
d. Within sixty (60) days, the opposing party may file a written
response to the claim of appeal with the stated clerk of classis
and also a written submission that cites from the record and any
authority that supports the response. Copies of the response and
submission shall also be delivered to the losing party. Except if
permission is granted by classis, the written submission shall
not exceed thirty (30) pages double spaced.
e. In the event of the appellant’s death, the assembly may
proceed with and decide the appeal if it is deemed significant
for the denomination, or if the appellant’s representative
provides proof of reasonable necessity for deciding the
appeal.
f. Classis shall schedule an appellate hearing no sooner than
ninety (90) days and no later than one hundred and eighty (180)
days after the date the appeal was filed and send notice of the
time and date of the hearing to the parties.
g. At the appellate hearing, each party shall have the
opportunity to address classis to explain their position and to
answer questions of classis. The losing party shall proceed first
and may reserve time to respond after the prevailing party
addresses classis. Unless permission is granted, the oral
presentation for each party shall be limited to thirty (30)
minutes.
h. After the parties’ presentations are concluded, classis shall
go into strict executive session and shall immediately consider
and decide the issues of the case. The final decision on any
appeal shall be by majority vote of the classis as
constituted.
i. Classis may affirm or reverse in whole or in part the decision
of the council, or it may return the case to the council with
instructions for a new partial or complete rehearing. A decision
of classis that amends or overturns the decision of the council
shall be written, shall state the grounds for amending or
overturning, and shall be delivered to the parties. Written
decisions should be sent to the parties no later than forty-five
(45) days after the appellate hearing.
j. Within ninety (90) days of the issuance of the written
decision, claims of appeal from a decision of classis may be
filed with synod according to procedures for filing claims of
appeal with classis.
Section 8: The Judicial Code Committee of Synod
a. Original hearings and appellate hearings before synod shall be
referred to a Judicial Code Committee appointed by synod. This
committee meets between synods as frequently as its business
requires and presents its recommendations to synod in writing.
Although there are some separate regulations regarding this
committee in the Rules for Synodical Procedure, the committee
largely functions as a normal advisory committee of synod.
b. The Judicial Code Committee shall be composed of twelve (12)
members and shall reflect the diversity of the denomination. Each
year four (4) persons shall be elected for terms of three (3)
years. At least one (1) of these four (4) persons shall be a
minister of the Word or a commissioned pastor; at least one (1)
shall be a person trained in the law; at least one (1) shall not
be a minister of the Word or a commissioned pastor nor one
trained in the law. Synod shall elect members from nominations
presented by the Board of Trustees of the CRC. The Judicial Code
Committee may recommend nominees to the Board of Trustees of the
CRC. The terms of members shall commence July 1 following their
election by synod. In the event of a vacancy on the committee
because of resignation or death, the Board of Trustees of the CRC
shall appoint a person to fill the balance of that term. Members
may be reelected but shall not serve more than six consecutive
years. A former member who has been off the committee for two or
more years shall be eligible for election to the committee as a
new member. The Judicial Code Committee shall select a
chairperson and reporter from among its membership. In addition,
the executive director serves as a procedural adviser to the
Judicial Code Committee chairperson. Any member of the Judicial
Code Committee advising a given synod may be, but need not be, a
delegate to that synod.
Section 9: Hearing and Appeal Procedures before the Synod Acting in Its Judicial Capacity
a. Written charges filed with synod shall be referred to the
Judicial Code Committee by the executive director of the CRC to
conduct an original hearing according to the procedures of the
Judicial Code.
b. Claims of appeal from decisions of classis following a
judicial hearing shall also be referred to the Judicial Code
Committee by the executive director of the CRC to conduct an
appeal hearing according to the procedures of the Judicial
Code.
c. Written charges brought against an agency, board, or committee
of synod and any other matters requiring formal adjudication that
synod undertakes shall also be referred by the executive director
of the CRC to the Judicial Code Committee for conducting a
judicial hearing according to the procedures of the Judicial
Code.
d. Claims of appeal filed with synod following an appeal hearing
before classis shall also be referred to the Judicial Code
Committee by the executive director of the CRC. The Judicial Code
Committee shall review the claim of appeal and make a
recommendation to the Board of Trustees whether the application
has suf cient merit to warrant further review. No further appeal
proceedings shall be conducted unless the Board of Trustees
approves. If approved, the Judicial Code Committee shall conduct
an appeal hearing according to the procedures of the Judicial
Code.
e. The Judicial Code Committee shall present its findings of fact
and recommendations, along with grounds for its recommendations
to synod in writing, and they shall be openly discussed in a
plenary session of synod. These written findings of fact and
recommendations shall omit any disclosure of names in cases where
such disclosure is judged to be potentially damaging to their
reputation.
f. Either party to the dispute may request the opportunity to
address synod. Such request shall be made through the Judicial
Code Committee, which shall make recommendation concerning the
request to synod.
g. The Judicial Code Committee may provide the of cers of synod
appropriate written advice on Judicial Code matters.
h. Synod may dispose of a judicial matter in one of the following
ways:
i) by deciding the matter;
ii) by deferring it to one of its committees for settlement or
reconciliation;
iii) by remanding it with advice to the appropriate classis or
council; or
iv) by conducting its own original judicial or appeal
hearing.
i. If synod conducts its own judicial or appeal hearing, it shall
follow Judicial Code procedures set forth herein.
(Acts of Synod 1977, pp.
48-54)
(Amended Acts of Synod 1993, p. 499)
(Amended Acts of Synod 1996, pp. 484-88)
(Amended Acts of Synod 2003, pp. 688-91)
(Amended Acts of Synod 2013, p. 549)
(Amended Acts of Synod 2014, p. 569)
(Amended Acts of Synod 2015, p. 627)