Hi Trib: I mention some of this to badwillie on his Thread. The Watch Tower Society, like any religion, is free to have its own church government, and its own rules, within the law. And courts are reluctant to overstep this separation tradition. However, a Church must abide by its own rules and publish these to all members for fair disclosure. The actions the Elders took in Badwillies case do not match any Watch Tower rules that I am aware of, either in the Elder's manual, Shepherds of the Flock, of the Organization book. I have been away for a while, but I imagine that they would not have ruled on this type of activity that Badwillie and his wife engaged in.
So, I do have some contact with a researcher who was interested in the JWs Judicial Committee process, and he is a legal expert and I believe that he is an attorney. He was able to document cases where various Jewish people were improperly disciplined under Jewish Synagogue rules, and as a result of taking these issues before the civil courts, won a reversal of religious decisions.
Whether this could be effectively done in the case of JWs wrongfully disciplined by Elders is another matter to be tested, but case law is there already to be drawn upon. But even with case law available, if Badwillie lives another state, then where the case law was established, it can weaken his case because each state has different rules. But case law can be used across state lines as an effective way to make oral arguments. And judges will consider those rulings when making their own ruling. Nonetheless, nothing is a guarantee, and Badwillie could spend a lot of money - or donated money - and end up with little or no success.
Amazing