Various people have asked about rules at a jW judicial Murder, which is what Bill Bowen faces.
Here are the main written ones. The unwritten ones - which always matter MUCH more in practise - in brave Bill's case are "Cut off, Kill, Cover-Up".
I have emphasized the key extracts of the "Law from Brooklyn". The intelligent reader will understand EXACTLY why I have highlighted what I have!
'PAY ATTENTION TO YOURSELVES AND TO ALL THE FLOCK' ACTS 20:28
Kingdom Ministry School Textbook
(c) 1991 WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA All rights reserved
Publishers
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC. INTERNATIONAL BIBLE STUDENTS ASSOCIATION Brooklyn, New York, U.S.A.
Pages 107-113
UNIT 5 (b) Sharing on a Judicial Committee
'When having a hearing between your brothers, you must judge with righteousness. ' (Deut. 1:16) It is a serious responsibility to judge matters that affect people's lives and relationships with others. Elders must have a reasonably complete picture when judging a matter so that their decisions will not be based on partial knowledge or on personal feelings. They also need heavenly wisdom in order to make proper application of God's Word and to determine how far their showing mercy should extend. (Prov. 28:13; Jas. 2:13) They must treat every person with impartiality at all times and desire that the spiritually ill become well again, since a failure in this regard is unjust and violates the law of love.I Tim. 5:21; Jas. 2:1-9; 5:14, 15; w77 3/1 pp. 146-52.
Elders Are Teachers and Judges As 'Judge of all the earth,' Jehovah provides fatherly correction and discipline whenever needed. (Gen. 18:25; Heb. 12:5, 6) He has raised up elders to serve as counselors and judges. (Isa. 1:26) By judging in righteousness, you may turn others back from a sinful course. (Prov. 14:12;Jer. 10:23, 24) God's Word is the basis for needed correction. (2 Tim. 3:14-17) The responsibility of elders involves more than handling Judicial matters. You must also teach, making clear what God requires. Encourage the rendering of whole-souled service to God and faithful obedience to his righteous principles.
Applying Jesus' Counsel on Handling Certain Wrongs
Some accusations involve minor misunderstandings that should be handled on a personal basis. (Matt. 5:23, 24; 6:12, 14; Eph. 4:25-27) At Matthew 18:15-17 Jesus gave counsel on handling serious wrongs that might be settled on a personal basis. (w81 9/15 pp. 17-20; om pp. 142-5) Jesus' counsel concerns serious sins committed against one personally, such as fraud or slandersins serious enough to lead to a person's being expelled from the congregation. The person who believes he has been wronged takes the first step toward resolving the matter; elders may encourage him to do this.(Matt. 18:15) The second step involves taking one or two persons with him to speak with the individual. (Matt. 18:16) These should preferably be witnesses of the alleged wrongdoing or respected brothers, usually elders, who can examine the evidence and offer counsel for resolving the matter. They also become witnesses to the evidence presented in the discussion. The person who believes he has been wronged takes the third step, bringing the matter to the congregation, as a last resort. (Matt. 18:17) If the congregation elders are unable to bring a wrongdoer to his senses, he is to be treated 'as a man of the nations and as a tax collector.' The unrepentant wrongdoer would be expelled (disfellowshipped) from the congregation.
The Judicial Committee
Other cases of serious wrongdoing require special attention by the elders in order to determine what is needed to help the repentant wrongdoer and to preserve the spiritual health of all in the congregation. These include such sins as adultery, fornication, apostasy, and drunkenness. (See Unit 5 (a), pages 92-6.) Before forming a committee, elders determine if the accusation has substance. It must Scripturally be an offense serious enough to result in disfellowshipping. There must be either two witnesses or a confession of wrongdoing. If there is not enough evidence to form a committee but serious questions have been raised, two elders may be assigned to investigate the matter. If a judicial committee is needed, elders who are present at the Kingdom Hall should determine which elders will serve on the committee and which one will be chairman. The elders will take into consideration which elders are best qualified to handle the particular type of case that has arisen. (km 9/77 pp. 5-6) It is usually best for newer elders to serve first with more experienced ones. In a complex case, a judicial committee need not be limited to three members; it may warrant having four or even five experienced elders serve. More than one judicial committee may be operating at the same time in a congregation, depending on cases that arise. Elders called upon to care for this responsibility must exercise heavenly wisdom, have good judgment, and be impartial. (Deut. 1:13, 16-18) A sound knowledge of Jehovah's righteous laws and principles is necessary.(Ps. 19:7-11) They must weigh matters carefully, realizing that certain factors make situations differ from one another.
Instead of looking for rigid rules for guidance, elders should think in terms of principles; judge each case on its own merits. Before handling a judicial case, elders should carefully review Units 5(a), 5(b), and 5(c). They may also need to do research in the Society's publications and recent correspondence from the Society to find information that may apply or be helpful. Elders can be confident that with accurate knowledge, with experience and discernment, and with the help of God's spirit, they can judge in righteousness, wisdom, and mercy.
Handling Judicial Cases
Do not send an individual any kind of correspondence that directly accuses him of specific wrongdoing. It is best for two elders to speak with the individual and invite him to meet with the Judicial committee. Suitable arrangements should be made as to the time and place of the hearing. State what the person's course of action is supposed to have been. If it is necessary to send a written invitation, you should simply state what the individual's course is alleged to have been, the time and place of the hearing, and how the person can contact the chairman if the arrangements are inconvenient for him. If the accused wishes to bring witnesses who can speak in his defense regarding the matter, he may do so. However, observers are not permitted. No tape-recording devices are allowed. If the accused repeatedly fails to come to the hearing, the committee will proceed with the hearing but will not make a decision until evidence and any testimony by witnesses are considered. The committee should not take action against a person unless the evidence clearly proves this necessary. Failure to appear before the committee is not in itself proof of guilt.
What kind of evidence is acceptable?
There must be two or three eyewitnesses, not just persons repeating what they have heard; no action can be taken if there is only one witness. (Deut. 19:15;Jol1ll 8:17) Confession (admission of wrongdoing), either written or oral, may be accepted as conclusive proof without other corroborating evidence. (Josh. 7:19) Strong circumstantial evidence, such as pregnancy or evidence (testified to by at least two witnesses) that the accused stayed all night in the same house with a person of the opposite sex (or in the same house with a known homosexual) under improper circumstances, is acceptable. The testimony of youths may be considered; it is up to the elders to determine if the testimony has the ring of truth. The testimony of unbelievers may also be considered, but it must be carefully weighed. If there are two or three witnesses to the same kind of wrongdoing but each one is witness to a separate incident, their testimony can be considered. Such evidence may be used to establish guilt, but it is preferable to have two witnesses to the same occurrence of wrongdoing.
Judging With Righteousness, Wisdom, and Mercy
Elders must exercise wisdom in their questioning and godly qualities in their judging. In giving counsel or rendering decisions, avoid expressing opinions; be sure to judge in righteousness. (Deut. 1:16,17) You must ask pertinent, discreet questions to isolate main issues and determine how or why a problem developed. Probing questions should not go into needless details, especially in regard to sexual misconduct, unless this is absolutely necessary, such as in determining whether porneia had been committed. Elders need to treat the accused kindly and respectfully, never harshly. (w89 9/15 p.19) Seek divine wisdom to help you relate Bible laws to the issues raised or the charges being considered. (Jas. 1:5; 3:17,18) You must exercise mercy in matters of judgment, not only by showing compassion in the judgment rendered but also by expressing kind consideration and pity in your efforts both to bring wrongdoers to repentance and to heal and restore those who are repentant. (Rom. 2:4; Jas. 5:14-16; Jude 22,23) In cases where it is established that a serious sin was actually committed, the judicial committee should consider such factors as these:Is there evidence of the person's craving wrongful things or courting trouble? Or did the person momentarily succumb to weakness? (Jas. 4:1) Was he aware of the gravity of his sin? (Gal. 6:1) Had he been admonished that his course was leading toward danger? (1 Thess. 5:14) What were the circumstances leading up to the wrongdoing? Are there extenuating factors, such as emotional or mental disorders or having been a victim of some type of abuse in the past, that should be considered? Was it a single offense, or was it committed more than once? Was his confession voluntary, or did he have to be accused by others before confessing? Was his reluctance to speak more a result of deep shame than of lack of repentance? Above all does he show true repentance and manifest a heartfelt desire to avoid repetition of the wrong? Even though the wrongdoer is guilty of a serious offense, elders on the judicial committee realize that their aim is to recover the one who has fallen into a wrong course, whenever this is possible. (Jude 23) If he listens to them, showing true repentance, it may be that he can be retained as a brother and thus be spared being disfellowshipped. (Prov. 19:20; compare Matthew 18:15-17.) Neither the gravity of the wrong nor bad publicity finally determines whether the person should be disfellowshipped; rather, the determining factor is the individual's sincere repentance or the lack of it. Some manifest repentance right after their sin by taking steps immediately to confess; others manifest repentance later, even during the meeting with the judicial committee. (w83 1/1 pp. 30-1) It is in the person's favor if he voluntarily confesses, but the determining factor is: Is he repentant? There is good reason for you to weigh carefully claims of repentance when the individual has shown himself to be guilty of hypocrisy, lying, or making deliberate efforts to deceive. Also be cautious when it is apparent that the wrong act was preceded by deliberate scheming, perhaps in a cold, calculating way. This is quite different from when an individual, under the unexpected pressure or certain tempting circumstances, gives in because of human weakness.
Note how the same rules that have been effectively used to deny justice to the silent lambs by not exposing or disciplining their rapists, will be coldly twisted to deny justice to Mr "Silentlambs" Bowen by holding him responsible for "spoiling the name of Jehovah" (i.e. of the Watchtower), though the detail of what he will be charged with will be quite different and all to do with obedience, submission and belief. The rapist gets off, the whistleblower gets executed.
They'll promise a fair trial - and they'll mean, and will deliver, a Fine Hanging. All politely!
Note that within their Elder's "secret" Handbook, references to the Watchtower are interspersed with those from to Bible, each carrying equal weight.
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Focus
("Justice in/from the Watchtower" - the world's shortest book! Class)
Edited by - Focus on 18 July 2002 14:57:54
