5 Church Discipline Records
The Evangel Presbytery Book of Church Order addresses church discipline in its Rules of Discipline (chapters 30–49). This chapter exists to be a shorthand reference for clerks where judicial process is necessary. It pertains, in other words, to church discipline that is formal rather than informal. Informal discipline happens all the time in a healthy church. Formal process is necessary when one of the censures of the church is used to discipline a member.
Aside from their specific duties in cases of discipline, clerks will often be called upon to help others understand disciplinary procedure. Clerks must understand both the theoretical and practical aspects of church discipline, and there is no substitute for carefully reading the entire section on church discipline in our BCO. This page is only meant to be a help, and the BCO always takes precedence.
5.1 Overview of Disciplinary Process
In general, the process of formal discipline is as follows:
- The court of jurisdiction (the local session or the presbytery) should hear charges against the accused, or establish a judiciary committee to do so. All charges brought before either the session or presbytery must be reduced to writing.
- The judiciary should have their first meeting and must send a written indictment to the accused.
- No less than ten days after the indictment is served, the judiciary should meet a second time with the accused present to read the charges and hear whether or not the accused pleads guilty.
- No less than fourteen days later, the judiciary, along with the accused and all witnesses, should meet together for a trial.
- Once the trial is complete, the clerk must assemble the record of the case (see below).
- Appeals, if any, must be made in writing within thirty days of notification of the court’s decision.
5.2 The Record of the Case
It is common in judicial proceedings for the session to appoint a judicial committee to work through the whole disciplinary process. The clerk should work closely with the judicial committee to ensure that all written materials pertaining to the proceedings are recorded and stored properly.
The Clerk’s primary responsibility is to assemble the record of the case. It should include:
- the charges,
- the answer,
- the citations and returns thereto, and
- the minutes of all meetings required in the process of formal discipline.
The minutes of a trial should include the items listed above as well as the following:
- all the testimony,
- all such acts, orders, and decisions of the court relating to the case, as either party may desire, and
- the judgment.
For more information, see BCO 35.18.
5.3 Important Terms
5.3.1 Jurisdiction
As stated earlier, the BCO organizes Evangel Presbytery’s government into two types of “court,” church sessions and presbyteries (BCO 12.1–2). Original jurisdiction in relation to pastors pertains exclusively to the presbytery, and in relation to other church members to the session. If a session is unable to try the person or persons accused, then the presbytery has the right of jurisdiction.
5.3.2 Offenses
As stated in BCO 32.1,
An offense, the proper object of judicial process, is anything in the principles or practice of a church member professing faith in Christ, which is contrary to the Word of God.