From the manual for elders of Jehovah's Witnesses
"Pay Attention To Yourselves and to All the Flock"
UNIT 5 (c) -- Part 2 of 3

## Appealing Judicial Decisions

### If the accused believes that an error in judgment was
committed, he should make known in writing his reason
for requesting an appeal, doing so within seven days
from the time he was notified of the decision of the
committee.

  His written statement should be addressed to the judicial
  committee that decided the matter.

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  The judicial committee chairman will promptly contact
  the circuit overseer, who will then designate elders to serve
  on the appeal committee.

    If possible, elders selected by the circuit overseer for
    hearing the appeal should not be from the same con-
    gregation as the original committee.

  If the basis for the appeal is not clear in the written
  statement, try to determine which of the following is
  claimed:

    He contends that a disfellowshipping offense was not
    committed.

    He denies committing the alleged wrong.

    He admits to wrongdoing but believes he was repen-
    tant.

  The appeal should be heard even if the basis for it may not
  appear sound. (km 1/80 p. 4)

    If the person should appeal after seven days, immedi-
    ately contact the Society for direction.

### The hearing is conducted in a manner similar to the first
judicial committee 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.

  The judicial committee that heard the original case should
  be present at the appeal hearing(s).

    Prior to the appeal hearing, the original committee
    should furnish the appeal committee with the complet-
    ed S-77 and S-79 forms along with whatever written
    records it has from the first hearing(s).

    If either the original committee or the accused believes
    that earlier testimony or evidence is being changed, this
    can be so stated following the presentation of the
    alleged altered evidence.

  Following the presentation of the evidence, the appeal
  committee should deliberate in private.

    The appeal committee may need to question either the
    original committee or the accused separately.

UNIT 5 (c) - 125

### The appeal committee is to determine whether there was
an error in judgment or the decision was basically sound
according to information available; it should also deter-
mine the attitude of the accused at the original commit-
tee hearing(s).

  The appeal committee is to ascertain whether there was a
  Scriptural basis for the original action taken and whether
  the individual was repentant at the time of the hearing by
  the original judicial committee.

    There may be mitigating circumstances the committee
    overlooked, such as a history of some type of abuse when
    a child, emotional or mental disorders, or other.

      While these do not justify wrongdoing, understanding the
      underlying reason or causes of emotional or mental
      problems can help the committee to reach a balanced and
      compassionate judgment. (w90 2/15 pp. 21-3; w83 lO/1
      pp. 27-31)

    The wrongdoer may admit guilt on a disfellowshipping
    charge hut claim that at the time of the original judicial
    committee hearing, he was repentant. (w83 1/1 pp. 30-1)

    The appeal committee will examine evidence to see if he
    had genuinely repented. (Unit 5 (b) pp. 112-15; w81 9/1
    pp. 25-6)

  The appeal committee may find that while the original
  basis for disfellowshipping was invalid, other valid
  grounds for disfellowshipping exist.

    If this happens, the individual should be given 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 nonetheless established and if
    the person does not demonstrate genuine repentance, the
    appeal committee may decide to disfellowship on these
    new grounds.

    The appeal committee should then inform the accused of
    its decision to uphold the disfellowshipping and

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  should also inform him of the steps he needs to take to
  gain reinstatement.

  New S-77 and S-79 forms should be made out giving the
  proper information, and these along with the original
  forms and correspondence related to the case should be
  sent to the branch office.

### When the disfellowshipping is upheld by the appeal
committee, there is no further right to appeal. However,
if an individual persists in believing a serious error in
judgment has occurred, the appeal committee should
inform him that he may submit his allegations in writing
to the appeal committee within seven days for transmittal
to the branch office.

  The appeal committee will include this statement along
  with the information being sent to the branch office.

  No announcement of disfellowshipping should be made
  until observations are received from the branch office.

  If no written claim of a serious error in judgment has been
  provided to the appeal committee within seven days (as
  outlined above), the appeal committee should send in the
  S-77 and S-79 forms and tell the original committee to
  announce the disfellowshipping.

### If the appeal committee disagrees with the decision to
disfellowship, the decision should be discussed with the
original judicial committee privately.

  If both committees agree that the person should not be
  disfellowshipped, the individual should be so advised.

  The appeal committee will send the branch office a brief
  explanation of the mutual conclusion not to disfellowship
  reached by both committees, which should clearly state
  that the original judicial committee agrees with the deci
  sion.

    The original committee will receive a copy of the
    letter,which will be kept in a sealed envelope in the
    congregation's confidential file.

UNIT 5 (c) - 127

  At times the original committee and the appeal committee
  may hold conflicting opinions.

    When this occurs, the individual should not be given any
    indication of the conclusions of the appeal committee.
    Simply tell the person that the decision is pending.

    The appeal committee should send the S-77 and S-79
    forms to the branch office with a letter giving reasons for
    its decision and should include a letter from the original
    committee expressing the reason(s) for disagreement.

      The appeal committee gives the original committee a copy
      of its report. Both committees await a reply from the
      branch office.

    It may be that certain important factors are being
    overlooked by one or both of the committees.

      The branch office will be glad to comment on any such
      factors and offer additional Scriptural assistance as may
      be needed. Such information will be supplied for the
      appeal committee.

      Further meetings with the accused or between the
      committees may or may not be necessary to conclude the
      case.

    Once any differences between the committees have been
    resolved in the light of the Scriptural principles cited by
    the branch office, the appeal committee should inform the
    individual of the decision.

      If the decision is to disfellowship, the original judicial
      committee will arrange to make the announcement to the
      congregation.

# Reinstatement

### While there should be no hasty action in reinstating
disfellowshipped individuals, consideration should be
given to a plea for reinstatement when this is requested.

Once a year the body of elders reviews a list of those in
the congregation territory who are disfellowshipped or

128 - "Pay Attention to Yourselves and to All the Flock"

### disassociated. They will call on each one they select in
order to see if he wants to return. (w91 4/15 pp. 22-3)

  The body will assign two elders to make each call,
  preferably elders familiar with the case.

  During a brief visit or two, the elders can kindly explain
  what the individual can do to return.

  They will report the results to the Congregation Service
  Committee, and the body will be informed at the next
  meeting of the elders.

### If someone asks about reinstatement or if by changing his
course gives evidence of repentance and a desire to be
reinstated, the authorized elders may speak with the
individual and kindly explain what he needs to do in order
to he reinstated.

  There is an advantage to having the elders who served on
  the judicial committee that disfellowshipped the
  individual also serve on the committee for the
  reinstatement if this is possible and they are still serving
  as elders in the congregation handling the request for
  reinstatement.

### In hearing pleas for reinstatement, elders need to be
balanced.

  Genuine repentance and a turning away from the wrong
  course--not the attitude of others or merely the time
  elapsed--are the chief determining factors in deciding
  when a person may be reinstated. (1 Cor. 5:1, 11-13; 2
  Cor. 2:6, 7)

  Elders should be sure that sufficient time has passed for
  the disfellowshipped person to prove that his profession
  of repentance is genuine. ( it-2 p. 771 )

  Consider the overall pattern of his life. Does it now show
  that he is repentant? (w77 3/1 p. 152)

    If so, elders will guard against going to extremes by
    exacting a point-by-point admission of sins that may not
    have been clearly proved.

UNIT 5 (c) - 129

  Where there is evidence of conspiracy between
  individuals to put away their mates and marry each other,
  considerable time should elapse before a hearing for
  reinstatement may be held. (w79 11/15 pp. 31-2)

### If it is determined that the wrongdoer is sincerely
repentant, has discontinued his former wrong conduct,
and is doing works that befit repentance, he can be
reinstated. (Compare Acts 26:20.)

  The decision to reinstate is made by a judicial committee
  of the congregation that took the disfellowshipping action.
  The secretary should sign and return the S-79b card to the
  Society immediately. (om pp. 149-50)

    If the disfellowshipped person has moved, his request for
    reinstatement may be heard by a local judicial committee
    where he is now attending meetings. Thereafter, that
    committee will give the body of elders of the congregation
    that disfellowshipped the individual its recommendation.

    If the two congregations are reasonably close to each
    other, the judicial committee of the congregation that took
    the disfellowshipping action should meet with the
    disfellowshipped individual after receiving the
    recommendation of the committee of the congregation
    where he made his plea for reinstatement.

  Reinstatement is announced in the congregation where the
  person was disfellowshipped as well as in the
  congregation where he now attends.

### When an individual is reinstated, he will still need much
spiritual assistance.

  The elders should see that definite arrangements are made
  to help the person regain spiritual health and strength.
  (Col. 2:7; Titus 2:1, 2)

    They may arrange for a Bible study to be conducted,
    which would be reported as field service.

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  Restrictions should be imposed to help the person see the
  need of continuing to make 'straight paths for his feet' and
  also out of consideration for the congregation's
  conscience. (Heb. 12:13)

    The privilege of sharing in the field service is restored
    when the individual is reinstated.

    other privileges, such as commenting at meetings,
    handling parts on the program, and offering prayer at
    meetings, can be restored progressively when it is
    determined that the individual has progressed spiritually
    to the point that he is qualified and when it is judged by
    the elders that the extending of such privileges will not be
    offensive to the congregation.

      It will be up to the elders of the congregation where he
      now is located to decide when certain privileges may be
      restored.

### Circumstances of each case govern the length of time that
should elapse before recommending a reinstated brother
for additional privileges and responsibility.

  Carefully consider possible effects if the individual were
  to be appointed. Would it be a cause for stumbling among
  the brothers?

  The privilege of serving as ministerial servant or elder can
  be recommended only after he has had ample time to
  prove himself to be irreprehensible and is again "free from
  accusation" and has "freeness of speech." ( 1 Tim. 3:2, 9,
  10, 13)

    He must live down the reproach and build up a convincing
    record of righteousness, which may take a number of
    years.

    If wrongdoing occurred in another congregation, the
    feelings of members of that congregation should be
    considered.

    In cases of scandal, he might not be able to live down
    his wrongdoing sufficiently to qualify for an appoint-
    ment to serve as a ministerial servant or an elder for a
    very long time.

    UNIT 5 (c) - 131

    End of Part 2 (part 2 of 3)
    "Pay Attention to Yourslves and to All the Flock"

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