Disciplinary Board

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A disciplinary council , formerly a church court , is a disciplinary institution of the Church of Jesus Christ of Latter-day Saints ( Mormons ).

tasks

The Disciplinary Board meets when a member of the Church of Jesus Christ of Latter-day Saints is charged with a serious transgression in accordance with Church morals. Possible consequences are acquittal , disfellowshipping or excommunication .

composition

This council consists of the bishopric (one bishop and two counselors). The negotiations take place in camera.

A serious transgression by an Aaronic priesthood holder is resolved by the bishop alone, whereas a Melchizedek priesthood holder must resolve his transgression with the Disciplinary Council. If the priesthood holder has already received his endowment (= qualification) in the temple , he must go to the high council (= stake level), as sacred temple covenants have been broken.

Procedure

Disciplinary proceedings are led by the priesthood holder (usually a bishop or stake president ) who is locally and materially responsible . He is the chairman of the proceedings, has the authority to make decisions and, at his discretion, appreciates the evidence. The disciplinary proceedings are recorded by a scribe who, however, is not allowed to intervene in the negotiation process. Before the first hearing, the chairman instructs the accused privately about his rights and the allegations that he is charged with. He is also instructed about the possible consequences a verdict can have for his membership. The accused is then asked to enter the hearing room and the hearing begins with a free prayer. The defendant then chooses an advocate who speaks for him the entire time, including during his absence.

Usually at this time the defendant informs those present of his transgressions. However, an indictment may also be read out. Most often, an authorized presiding priesthood holder is present in this case. The defendant is now given the opportunity to comment, which is so limited that he is either required to admit the violation or deny the allegations. Should the accused reject the charges, the presiding judge will begin to produce the evidence available to him.

Evidence

Admissible evidence is: oral or written testimony from members of the Church (it should be noted that non-members are generally not admitted as witnesses, as they usually do not recognize the disciplinary procedure of the Church), documents and the confession of the accused. The defendant is now given the opportunity to question the witnesses. If several witnesses are involved in the proceedings, they are not allowed to speak to one another about their statements and the facts of the matter before and after the hearing. Witnesses must wait in a room other than the hearing room to be called. There is no compensation for expenses a witness may incur by testifying.

negotiation

The chairman has to make sure that the procedure proceeds in a civil tone and does not result in disputes. This is to be ensured by ensuring that the witnesses and the accused are not asked unnecessary questions that have nothing to do with the facts. When the evidence has been clarified, the chairman and his advisors withdraw to reach a judgment. The chairman has the decision-making authority and makes the judgment. If an advisor contradicts him and has a different opinion, a discussion will take place with the aim of reaching a unanimous judgment.

judgment

The defendant is then informed of the verdict. Should conditional probation, disfellowshipping or even excommunication be pronounced, the chairman explains to the accused all the consequences for his membership in the church. He also gives him advice on how to atone for his guilt . If the person found guilty is still in possession of a temple recommendation certificate , they must hand it in immediately. The negotiation ends with a free prayer of indefinite content.

An excommunication is often pronounced for these facts:

  1. Committing serious crimes such as murder and robbery
  2. premarital intercourse and adultery
  3. Practicing or advocating polygamy ( polygamy )
  4. Practicing homosexuality
  5. gender reassignment surgery
  6. so-called apostasy from the true faith of the church : This fact is z. B. fulfilled when a member takes an open position against the Church
  7. Spreading false teachings
  8. public criticism of church leaders
  9. Abortion (excluding rape victims and medically indicated abortions).

In the case of apostasy, the spreading of false teachings and criticism of church leaders, excommunication is often only the last resort. As a rule, this is preceded by a disciplinary warning. An affected member is initially punished regularly with the so-called Community withdrawal that in repentance ( repentance can be reversed).

literature

  • Daniel Fingerle: The Right of the Church of Jesus Christ of Latter-day Saints. Lang, Frankfurt am Main et al. 2000, ISBN 3-631-35692-7 (also: Freiburg (Breisgau), Univ., Diss., 1999).