How interesting that you should post this letter, Kent, when I was just reviewing it last night and shaking my head in utter disbelief!
Some comments:
Elders must give special heed to the counsel: "Do not reveal the confidential talk of another." (Proverbs 25:9) Often the peace, unity and spiritual well-being of the congregation are at stake. Improper use of the tongue by an elder can result in serious legal problems for the individual, the congregation, and even the Society. [italics mine]
WHICH individual will have legal problems in the event of "loose lips?" If an elder speaks the truth, where is the culpability? How self-serving is the statement that the peace, unity and spiritual well-being of the congregation are at stake. If the elder knew of a confessed pedophile and tried to warn others in the congregation so that children were not at risk, would he be a slanderer? No! And while the unity of the congregation might suffer as parents took measures to shield their children from risk, the spiritual well-being of the congregation would best be served if the pedophile were expelled.
While we as Christians are ready to forgive others who may wrong us, those in the world are not so inclined. Worldly persons are quick to resort to lawsuits if they feel their "rights" have been violated.
Would someone please explain to me the difference between "rights" and rights? If a lawsuit has any merit, one's rights, not "rights"[so-called] HAVE been violated!
And notice the siege mentality in the next sentence:
Some who oppose the Kingdom preaching work readily take advantage of any legal provisions to interfere with it or impede its progress.
Again, what is inherently wrong with availing oneself of legal remedy for a crime committed against one?
The spirit of the world has sensitized people regarding their legal "rights" [there's those quotation marks again!] and the legal means by which they can exact punishment if such "rights" [ibid] are violated. Hence, a growing number of vindictive or disgruntled ones, as well as opposers, have initiated lawsuits to inflict financial penalties on the individual, the congregation or the Society.
Why are the plaintiffs in any suit "vindictive," "disgruntled" or "opposers"? Could they not possibly be legitimate VICTIMS of a crime or fraud which was not properly handled by the congregation? Do sexually abused children and their parents have the right to be "disgruntled" at "the individual" molester, the elders in "the congregation" who may have covered over the abuse, or "the Society" for their dangerous internal policies for dealing with these pedophile predators?
Many of these lawsuits are the result of misuse of the tongue.
While I know the Society didn't mean it this way, could 'many of these lawsuits' have been instigated because the tongues of the elders were NOT used in a way that would benefit the spiritual well-being and moral quality of the congregation? Hmmmmmmm?
It is far more likely that elders do NOT breathe a word about the accused or confessed pedophile. How many lawsuits for "slander" are brought against the Society because an elder talked too much?
In fact, the breach of confidentiality the Society seems overly concerned about is likely this:
A search warrant is a court order authorizing the police to search premises to locate evidence that may be used in a criminal prosecution. No elder should ever consent to the search of a Kingdom Hall or any other place where confidential records are stored. How- ever, armed with a search warrant the police do not need consent and may even use force to accomplish their task. Likely before obtaining a search warrant, the police or other governmental officials will
make inquiries regarding confidential records, make request to obtain the records, or indicate that they will seek a search warrant if the elder(s) involved does not cooperate. In any such situation, the Society's Legal Department should be called immediately.
At any time an elder is confronted with a search warrant (whether given advance notice or not) , the elder should first ask to read the warrant. After reading it he should ask if he can call for legal guidance and then call the Society's Legal Department. If for some reason the Legal Department cannot be contacted, the elders involved should make every effort to obtain the assistance of a local attorney for the purpose of protecting the confidentiality of the records. It may be impossible to stop determined officers from conducting the search authorized by the warrant. Conscientious elders will want to do all they reasonably and peaceably can to preserve the confidentiality of the congregation in harmony with the principle set out in Acts 5:29.
Under the guise of perserving "the confidentiality of the congregation in harmony with the principle" 'In answer Peter and the [other] apostles said: "We must obey God as ruler rather than men.", the elders would obstruct justice? Not trust police officers to display professionalism and to maintain necessary confidentiality in "a criminal prosecution"?
We all know that in states that do NOT require "clergy" reporting to the authorities, no report of alleged child abuse will occur. But
the following is just downright despicable:
D. Crimes and Criminal Investigations To avoid entanglement with the secular authorities who may be investigating the same matter, the strictest confidentiality (even of the fact that there is a committee) must be maintained.
Now:
If the alleged wrongdoer confesses to the sin (crime), no one else should be present besides the members of the committee.
Why? SO THAT ELDERS CAN TRY TO INVOKE CLERGY-PENTITENT PRIVILEGE IN A COURT OF LAW SHOULD THE CRIMINAL PROSECUTION GO FORWARD, that's why!!!
And only another Jehovah's Witness would understand THIS:
When evidence supports the accusation but genuine repentance is not displayed resulting in a decision to disfellowship, this should be handled in the normal course regarding advice of appeal rights and announcements to the congregation.
In other words, NOBODY in the congregation will be told that their children are at risk from the unrepentant molester -- not even fellow family members if the Watch Tower had its way! It will simply be announced that Brother or Sister XXXX has been disfellowshipped or the announcement will be held in abeyance until an appeal committee has ruled.
And, of course, if Brother or Sister XXXX HAD confessed and been repentant, nothing would necessarily be done in the way of discipline either!
How sick is that?!!!!
Can we say EVIL?
outnfree