Greetings!
This was a huge and central topic of discussion and dispute in my own judicial committee meetings and meetings with the appeal committee. Ultimately, my case was "reviewed" by a letter sent to Bethel since the Original JC refused to accept the opinion of the appeal commitee (who didn't want to DF me). I met with the JC and Appeal committees in July 2000. I got the final word from Bethel and was DF'd in January 2001.
In a Nutshell:
I had committed fornication over a year or more prior to it coming to their attention. It was a one-time thing and I felt like I had both asked for and obtained the forgiveness of both the girl and from God/Christ - thus as no man is our intermediary between us and God except Jesus as the Scriptures plainly state, I did not believe that I had to seek "forgiveness" from or "make confession" to the Elders.
The (local) elders position was that as they stated: "It is not possible for you (a Witness) to be fully "healed" on your own, without "going to the Elders."
MY CENTRAL CONTENTION WHICH REALLY, REALLY PISSED THEM OFF (AND MADE ONE TO TWO OF THEM THINK) WAS THAT IF THEY INSISTED ON THAT BEING THE CASE THAT IN EFFECT THEY WERE CREATING A PRIESTLY CLASS AND INTERPOSING THEMSELVES AS MEDIATORS INSTEAD OF JESUS. (They also didn't like that I added that it would be very much like Catholics making confession to their priests.)
The brothers at that time were really under the gun because they had no official directive or statement from the Society that said a regular publisher must confess to them. (There are statements in the Flock book that would seem to apply this principle to Elders/MS/Pioneers). So we just went round and round about the interpretation of James, the scripture that says "Is there anyone sick among you? Let him go to the older men and they shall grease him in oil, praying over him, and he may get well." (Needless, to say they DID NOT LIKE that I pointed out to them that the Flock book says regarding this scripture that the Elder's prayers on behalf of the person are only an "aid" but are not what brings "forgiveness". (Forgiveness can only come from God by way of Jesus as the bible clearly shows.)
They pretty much were in a big quandry because there was much disagreement. Actually, the votes (as one elder from the JC confided to me were this way: Original committee: 2 for DF'ng. 1 (he) was not for DF'ng but in his words "had to be and finallly was convinced by the other two" and presumably from the Appellate committee 3 for not DF'ng. Thus it appears that despite only 2 of the 6 Elders that considered my case voting for me to be DF'd, I was.
The "official grounds" were of course, "lack of repentance from committing fornication."
The unofficial grounds were my assertion that one need not make confession to the Elders in order to obtain forgiveness and be "healed" which undermines their hiearchy.
Now I am not saying that it is more than coincidence but approximately 3 or 4 months later the Kingdom Ministry contained a nice little box that EXPLICITLY SPELLED OUT THE NEW UNDERSTANDING and POLICY that one (even a plain old regular publisher with no special privileges) MUST GO TO THE ELDERS in order to be considered as being "fully repentant". This was followed-up with a Quetions from Readers that asked the loaded question along the lines of "Since Christ died for our sins and is our mediator, why is it necessary for a person who commits a gross sin to go to the Elders?" (weak reasoning followed).
Thus the net result is that, without much fanfare or notice of most Jehovah's Witnesses, despite a hundred years of saying there is no clergy-laity class among Jehovah's Witnesses, AS OF 2001 the Society established a "clergy class" (the Elders) who now are instrinsic to a person obtaining "forgiveness" and one who commits a gross sin is REQUIRED to make confession of it to the Elders or they will not be considered has being repentant and having obtained full forgiveness from God.
-Eduardo