I think it would be helpful to have an attorney with a good understanding of agency law review
the writings of the WTS to see if it has created an agency relationship with Jehovah's Witnesses
based on all of the "advice" it has offered. I've posted this piece before, here it is again:
The Watchtower Society has occupied an enormously important place in the lives of millions. I believe this is especially true for those raised in the religion. Based on the WTS published statements, the teaching of WTS representatives and their parents, JW children are methodically indoctrinated to believe that the Watchtower is God's organization - his channel for communicating with mankind. It is only reasonable to conclude that this creates an enormous responsibility for the organization to act in the best interest of these children.
JW children are literally inundated with advice from the Watchtower Society on every imaginable subject and if they are to please their parents and avoid being labeled as worldly and shunned, they must carefully follow the advice of the WTS. The level of coercion is significant and while society will generally condone this type of control when it is in the child's best interest - I believe that is becoming very clear that the actions of the WTS are frequently not in JW children's best interest.
The WTS has placed itself in the role of divinely authorized spirit
directed advisor, counselor and agent as a brief survey of their writings indicate. One of the ways that courts have recognized the creation of agency relationships is when one party in the relationship offers advice. Here are a few examples of where the WTS has used this expression:
*** w71 9/1 526 Fortify Yourself So as to Maintain Integrity ***
"Contrary to the advice of the organization of Jehovah's witnesses..."
*** km 2/84 4 Expanding Your Ministry as a Regular Pioneer ***
"God's Word and spirit, along with the good advice offered by Jehovah's organization..."
*** g92 5/22 27 The Truth Has Set Me Free ***
"By applying the therapy along with the good advice from Jehovah's organization..."
*** g81 10/8 14 The Real Brotherhood of Man Today ***
"Bryan Wilson, professor at Oxford University, England, made a study of "the recent rapid growth" of the Witnesses in Japan. He wrote: "Witnesses offer a wide range of practical advice . . . "
By advising millions of persons on a whole range of issues, the WTS has likely created an agency relationship with its members. Once this point is established, the WTS then legally owes a fiduciary responsibility towards those whom it advises (its principals).
In addition to clergy, other common examples of agency relationships are ones we have with our lawyer, physician, accountant, real estate agent, etc. The courts set a high standard of what is required of those who act as agents. Here is a brief look at the standard and some examples related to the WTS:
Loyalty
In a fiduciary relationship, the WTS would be required to demonstrate loyalty towards its members - acting in their best interest. This requires their being entirely open and not keeping any information from members that has any bearing on the relationship. Does the WTS have a problem in this regard? I believe it does since they have worked diligently to prevent members from accessing information that could allow them to objectively evaluate its claims and advice.
Are WTS appointed elders who have advised Jehovah's Witness parents not to report allegations of child abuse to the authorities acting in the best interest of the parents or the child? Clearly not! Furthermore, these elders have given very bad advice for while some states may not require members of the clergy to report child abuse; all 50 states require parents, family members or friends to report. So in most cases JW elders, at the direction of the WTS, encouraged and at times insisted that the law be disobeyed.
Skill and Care
An agent is under a special duty to exercise more than an ordinary degree of skill and care. Consider how this relates to the WTS medical advice on the use of blood or various blood products. Life and death decisions are being made based upon the WTS analysis of the scientific and medical facts concerning the use of blood.
I believe that careful analysis of the WTS published statements concerning its position on the use blood clearly show that the WTS has either misrepresented the facts, or they have negligently failed to carefully research the available scientific literature and have provided millions of persons with bad medical advice. Following this advice has led thousands to premature death.
With regard to child abuse, it is becoming apparent that the leaders have failed to exercise even an "ordinary" degree of skill and care in protecting Jehovah's Witness children from pedophiles. The emphasis has rather been on protecting the image of the Watchtower Society and perhaps its assets.
Full Disclosure
One who advises or acts as an agent on behalf of another is required by law to make a full disclosure of all of the facts. Again, it can be easily demonstrated that the WTS has not complied with this legal requirement. Repeatedly they disclose only those facts that support the current WTS blood policy and they distort or withhold important information that should be made available to members who are facing life and death choices. Additionally, they go so far as to threaten, intimidate and coerce members so that they will not even seek outside information to supplement the medical advice they are receiving from the WTS.
Upon careful review, I believe that the WTS actions would violate the generally held moral standards of most communities and hence they are guilty of moral turpitude. It appears to me that any number of torts have been committed, and it is probably just a matter of time before we see claims against the WTS for wrongful death and possibly criminal charges in some jurisdictions. The actions related to child abuse have already begun.
Once the attorneys begin to see the potential for large awards and the WTS deep pockets, a flood of litigation will ensue. I have just briefly touched on one area of the law that I am somewhat familiar with and I imagine there are many other legal remedies available.
It is unfortunate that it has come to this but nothing else seems to get the attention of the leaders of the WTS. They are captives of a concept. For generations, Jehovah's Witnesses have encouraged singleness and held out work in the full time service as the highest calling. They have sent their young men to Bethel, Gilead and other WT assignments. In the organization, family and children have never been a priority but rather a distraction from full time service to Jehovah God.
These youngsters grew up and became the leaders of the organization. Can any of us really be that surprised by what we observe in this broken, dysfunctional system we call the Watchtower Society? Even the leaders are victims, as is so often the case with child abuse, and abuse others in turn.
Jehovah's Witnesses as an organization must change their priorities and place their children at the top of the list. It's my hope that the current scandal will open the eyes as well as hearts and minds of many JWs. That would be an important first step in addressing the problems in the Watchtower leadership.
