Report of the

Conference Judicatory

     The Conference Judicatory received no communications from the churches, agencies or individuals of the Bible Fellowship Church. However, the Conference Judicatory met several times during the year to work on revisions to the Faith & Order concerning the Conference Judicatory.

     There are several changes in the current legislation being recommended. In an effort to foster better understanding of the proposed changes, the material will be set forth with the changes highlighted. The regular text will represent the current material being retained. The bold type will indicate new material that is being added. The material in Italics and brackets shows the current material being eliminated. Following the new legislative material a pictorial representation will be presented. (see page 232)

     Therefore, the Conference Judicatory recommends that the following legislative revisions be adopted at first reading:

Article 302 – Original and Appellate Jurisdiction [Jurisdiction]

302-1. Individual Members. [Particular Churches] Original jurisdiction over an individual belongs to the congregation of which the individual is a member. All of the elders or a portion of the elders designated by the Board of Elders shall be the judicatory for a trial in a Particular Church. [They] Those serving as a judicatory shall choose one of their number to serve as moderator of the trial. Any elder who has personal involvement in the issue being tried shall be disqualified from participation in the judicatory.

302-2. Ministers. Original jurisdiction over ministers belongs to the Credentials Committee. All of the members or a portion designated by the Committee shall be the judicatory for a trial involving a minister. Those serving as a judicatory shall choose one of their number to serve as moderator of the trial. Any member of the Committee who has personal involvement in the issue being tried shall be disqualified from participation in the judicatory.

[302-3. Churches and Agencies]

302-3.1 Particular Churches. Original jurisdiction over Particular Churches belongs to the Ministerial Relations Committee. [a judicatory elected by Annual Conference, called the Conference Judicatory] All of the members or a portion designated by the Committee shall be the judicatory for a trial involving a Particular Church. Those serving as a judicatory shall choose one of their number to serve as moderator of the trial. Any member of the Committee who has personal involvement in the issue being tried shall be disqualified from participation in the judicatory.

302-3.2 Agencies of the BFC. Original jurisdiction over agencies of the BFC [of the denomination] belongs to a judicatory elected by Annual Conference, called the Conference Judicatory. Agencies of the BFC shall constitute any boards, committees, or offices temporary or permanent, incorporated or unincorporated, established by Annual Conference.

[302-4. Appeals]

302-4.1 Appeals to the Conference Judicatory. If a judicatory in a Particular Church, [or] the Credentials Committee, or the Ministerial Relations Committee is unable to resolve an issue, or if the defendant or plaintiff in a case desires to appeal the decision of the original judicatory, the appeal shall be made to the Conference Judicatory. (Charges brought against an agency of the BFC shall be made directly to the Conference Judicatory.) The Conference Judicatory shall be composed of five ordained ministers who are voting members of Annual Conference and five laymen who are voting members of Annual Conference at the time of their election. Laymen on the Conference Judicatory who are no longer voting members of Annual Conference may continue to serve their term of office as long as they remain members in good standing of a Particular Church [ BFC]. Annual Conference shall elect the members of the Conference Judicatory for three-year terms in three classes as follows:

                 Class I      Two [one] ministers and two laymen [one layman]

                 Class II     Two [one] ministers and two laymen [one layman]

                 Class III    One minister and one layman

                 [Class IV   One minister and one layman]

                 [Class V    One minister and one layman]

When a case is presented to the Conference Judicatory, all ten members shall designate which five shall hear the case and shall designate which one of the five shall serve as moderator. The chairman and the secretary shall be chosen by the ten members from among their number. All charges or appeals shall be presented to the secretary. The name of the secretary shall be announced at Annual Conference and included in its minutes.

302-4.2 Appeals to the Special Appellate Judicatory. If the Conference Judicatory is unable to resolve an issue, or if the defendant or plaintiff in a case desires to appeal the decision of the Conference Judicatory, subsequent appeal shall be made to the Special Appellate Judicatory. The Special Appellate Judicatory shall be composed of four ordained ministers who are voting members of Annual Conference and four laymen who are voting members of Annual Conference at the time of their election. Laymen on the Special Appellate Judicatory who are no longer voting members of Annual Conference may continue to serve their term of office as long as they remain members in good standing of a Particular Church. Annual Conference shall elect the members of the Special Appellate Judicatory for three-year terms in three classes as follows:

                       Class I                       Two ministers and two laymen

                       Class II           One minister and one layman

                       Class III          One minister and one layman

When a case is presented to the Special Appellate Judicatory, all eight members shall designate which five shall hear the case and shall designate which of the five shall serve as moderator. The chairman and the secretary shall be chosen by the eight members from among their number. All appeals shall be presented to the Secretary. The name of the secretary shall be announced at Annual Conference and included in its minutes. The Special Appellate Judicatory shall conduct a hearing and their decision shall be final and shall be reported to Annual Conference. The Special Appellate Judicatory shall be the only place of appeal for issues which have had the Conference Judicatory as the place of original jurisdiction.

[If the Conference Judicatory is unable to resolve an issue, or if the defendant or plaintiff in a case desires to appeal the decision of the Conference Judicatory, subsequent appeal shall be made to Annual Conference in writing to the Secretary of Annual Conference. After appeal has been made, Annual Conference shall elect a Special Appellate Judicatory. The Special Appellate Judicatory shall be composed of five members of Annual Conference elected by Annual Conference; it shall choose its own moderator and secretary. The Special Appellate Judicatory shall conduct a hearing and recommend final disposal of the issue to Annual Conference. When it receives the recommendation of the Special Appellate Judicatory, Annual Conference will decide whether or not to hear additional testimony.]

Article 303 – Steps in Institution of Judicial Process

303-1. A charge of an offense must be instituted at the place of original jurisdiction; it may be brought by an individual, Particular Church or Agency of the BFC. The one who brings a charge shall be designated as the plaintiff. The one who is charged shall be designated as the defendant.

303-2. A charge of offense must describe the alleged offense and state the facts which support the charge. The charge shall include, as far as possible, the time, place, circumstances of the alleged offense, the names of witnesses and titles of relevant documents. A charge shall be deemed to have been filed when it is presented in writing to the chairman or secretary of the Board of Elders of the Particular Church or the chairman or secretary of any other [agency having] place of original jurisdiction.

303-3. No charge shall be received if it is filed more than two years after the time the alleged offense was committed unless unavoidable circumstances prevented an earlier filing.

303-4. When an individual, Particular Church or Agency of the BFC is ready to present a charge, the one receiving the charge shall warn the plaintiff that he may be censured if the accused is found to be innocent of the alleged offense. If the one receiving the charge determines that the charge is frivolous, it may dismiss the charge and censure the plaintiff.

303-5. When a charge is filed, the Board of Elders of the Particular Church, the Credentials Committee, the Ministerial Relations Committee, or the Conference Judicatory shall establish the time and place for the trial, and shall cite the accused to appear at the trial and shall constitute the judicial body to conduct the trial.

Article 307 – Appeals

307-1. An appeal is a petition asking that the final judgment of one judicatory be reversed or modified by another judicatory.

307-2. Notice of intention to appeal must be filed in writing ten days after the judgment of the original judicatory has been announced. This notice must be filed with the moderator of the original judicatory.

307-3. To perfect an appeal, the appellant must in writing file within thirty days of the notice of appeal his appeal and specifications of error by the original judicatory. This shall be filed with the secretary [moderator] of the judicatory to which the appeal is made; a copy of the appeal and specifications of error shall also be filed with the moderator of the original judicatory.

307-4. If the judicatory to which appeal is made does not sustain any of the specifications of error, the judgement of the original judicatory is affirmed. If the appellate [appellant] judicatory sustains any specifications of error, it shall determine whether the error is of such importance as to require a reversal, or modification of the original judgment. A judicatory to which appeal is made may remit the case to the original judicatory, may modify the original judgment or may reverse the original judgment.

Conference Judicatory: Ronald C. Mahurin, Secretary; Carl C. Cassel, James A. Beil, Lee E. Boyles, L. James Roberts, Jr., Clyde W. Snyder, Dean A. Storz, Gregory A. Uhrich, Robert H. Zentz.