Ecclesiastical Court

Ecclesiastical Court – Next: 4e – Notoriety – Protecting the Brand

Considering itself to be its own autonomous government, the Watch Tower Society has established its own ecclesiastical courts, called “Judicial Hearings,” which are comprised of a “Judicial Committee.” Although not termed as such, the church’s elders do act as police investigators, judges of guilt or innocence, judges of repentance, and judges of punishment. [1] [2] [3] [4] [5] The detailed procedures for this are contained in the elders’ manual, “Shepherd the Flock of God.” [6] This procedural manual is strictly withheld from the rank and file Jehovah’s Witness.

 “Theocratic Warfare” is used in court by the Watch Tower Society to deflect from the fact that the procedure manual is withheld from the members. (See: https://www.jwfacts.com/watchtower/quotes/theocratic-warfare-lying.php  )

Moram -v- Watchtower Bible & Tract Society of Ireland & Ors 28/03/2019 – 

Wall vs Highwood Congregation
Canada Supreme Court – 2017 

Jehovah’s Witnesses are prohibited from taking a fellow Jehovah’s Witness (nor the corporation owned by a fellow Jehovah’s Witness) to court, as this damages the reputation of the religion, [7] [8] [9] and can disrupt peace within the congregation. [10] As law courts are considered to be just another element of Satan’s world, law courts are denigrated. [11] Instead, Jehovah’s Witnesses must use the church’s elders to resolve all disputes, even if the dispute is a civil matter, such as a broken contract. Violating this policy can result in “disfellowshipping.” [12] [13] [14] [15] [16] The elders can even deem what should be an appropriate settlement of debt, or a fraudulent transaction. [17] It only follows why CSA should be dealt with internally instead of by a “worldly” justice system. [18]

Every Jehovah’s Witness is responsible to report any and all “wrongdoing” to the elders – every Jehovah’s Witness is a “mandatory reporter.” [19] [20]

This duty to report the wrongdoing of another member extends into knowledge acquired in a manner that is usually considered to be confidential. Those in an accounting, medical or pharmaceutical, and even legal profession, or any other profession, are expected to disregard employment confidentiality agreements, and ethical or legal standards of such professions. Duty and loyalty to “Jehovah’s organization” supersedes “men’s laws .” [21] [22] [23] Hence, elders are not responsible to report violators of “Caesar’s laws” (which pertains to reporting CSA). [24]

When a member has been accused of wrongdoing, then the entire body of elders is informed of the allegation. The body of elders will then appoint two elders to become investigators. [25] The investigating elders will interview the accused and any possible witnesses.

The investigating elders will report back to the entire body of elders with their determination.

If the accused confesses, then the matter will proceed to a Judicial Hearing before a Judicial Committee. The Judicial Committee is usually three elders (occasionally more than three), and usually includes the investigating elders. If the accused has confessed, then the Committee’s purpose is to determine the level of repentance of the accused. If it is determined that there has been insufficient repentance, then the accused will be disfellowshipped.

If there has been sufficient repentance, then the accused will not be disfellowshipped, but may receive “counsel,” “private reproof,” “public reproof,” and may be placed on a form of probation, with certain minor congregation restrictions.

If the accused does not confess, and it comes down to a matter of one person’s word against another (there is not a corroborating witness), then the matter is to be “left in Jehovah’s hands,” i.e., nothing more is to be done. [26] This applies even in cases of CSA. [27] [28] (See Jehovah’s Hands) Elders are not to disclose anything about the matter. [29] Once the elders have made a determination, the victim, his parents, nor any other congregation member is to second-guess the decision, nor complain about an injustice. If a perpetrator was not found guilty, then the victim and the victim’s family are not to complain, nor should they tell other congregation members of the accusation. If the elders deem the perpetrator to be repentant, then the victim and the victim’s family most show forgiveness and show the perpetrator that they love him. [30]
A summary of the hearing is made by the chairman of the committee. If the decision was made to disfellowship the member, then the summary and the decision is recorded onto a form – the S-77 form. A copy of this is sent to the branch office of the religion in the country or region. This record is retained by both the congregation and the branch office until the person’s death. Statistics are kept by the organization’s New York office of the numbers of disfellowshipped and disassociated, as well as the numbers according to category of ‘sin.’ [31]
Next: 4e – Notoriety – Protecting the Brand
  1. The Watchtower magazine, January 15, 1979, page 5 – “It also has laws that are enforced.” ↑
  2. The Watchtower magazine, October 1, 1967, page 586 – “They mean that God will make his kingdom under Christ just as real in governmental functions as the governments of men now ruling. God’s promises mean, too, that provision must be made to administer that kingdom and see that its laws are properly enforced…But this prophecy of Isaiah reveals something further, namely, that this administration of God’s righteousness will begin even before God removes the governments of this system of things.” ↑
  3. Shepherd the Flock of God, ch. 15, par. 4 – “Elders are judging for Jehovah and are accountable to him for the judgment they render. (2 Chron. 19:6, 7) Their decision will likely have long-lasting and far-reaching consequences for the individual involved, his Christian family members, and others in the congregation.” ↑
  4. The Watchtower magazine, August 15, 1997, page 27 – ”It is the elders’ responsibility to judge such ones inside the Christian congregation.” The Watchtower magazine, March 15, 1959, page 172 – “He must establish directly the guilt or guiltlessness of the apparent offender and discover any grounds for disfellowshiping, if any truly exist.” ↑
  5. The Watchtower magazine, March 1, 1977, page 152 – “Elders, as judges and counselors, are assigned the responsibility of aiding us to conform to the divine standard of righteousness. We, in turn, have an obligation to show proper respect for those judging with godly qualities. How can we best do so? By our ready response to Scriptural counsel and willing submission to theocratic order. (Heb. 13:17) This works for our spiritual protection and welfare now, amid a lawless world. It demonstrates, too, our earnest desire to measure up to what God requires as we seek divine approval and prepare for life in the New Order.” ↑
  6. The 2010 edition (with updated notes throughout 2015) is an exhibit in ARC Case Study 29 – https://www.childabuseroyalcommission.gov.au/sites/default/files/WAT.0003.001.0001.pdf The 2019 edition can be found at: https://faithleaks.org/wiki/documents/e/e1/2019-01-SHEPHERD_THE_FLOCK_OF_GOD.pdf A commentary on some elements of this manual can be found here: https://jwvictims.org/2013/12/26/the-8-biggest-shocks-from-the-elders-secret-handbook/ ↑
  7. The Watchtower magazine, October 1, 1954, page 595 – “That is why a brother may not take his brother into court; there is reproach upon the organization.” ↑
  8. The Watchtower magazine, June 15, 1978, page 9 – “Yes, they should have been willing to suffer personal loss rather than to see the congregation’s reputation hurt publicly by some controversy at court.” ↑
  9. The Watchtower magazine, May 15, 1987, page 21 – “A public airing of differences between the congregation’s members before worldly courts of law is damaging its fine reputation.” ↑
  10. The Watchtower magazine, November 2016, page 12 – “Some have taken their brothers to court, but God’s own Book helps us to see that it is better to suffer loss than to bring reproach on God’s name or disturb the peace of the congregation.” ↑
  11. The Watchtower magazine, May 1, 1957, page 282 – “Coming out of the old world with its contentions and self-interest we may sometimes be inclined to forget that we are now living as a New World society. That means we are a community to ourselves. We do not need the law courts and arbitration boards of this corrupt and dying world.” ↑
  12. The Watchtower magazine, November 1, 1952, page 668 – “It is in keeping with this principle that Christians are counseled not to go to worldly courts of law to settle their differences with each other. Rather than do that they should be willing to be defrauded and wronged. Incidentally, the frequency with which this admonition is violated today of itself proves that Christendom is not Christian.” ↑
  13. The Watchtower magazine, February 15, 1955, page 126 – “If Christian brothers are in a controversy over financial matters that are of such serious proportions that a lawsuit might be considered, they should take their difficulty to mature brothers of the congregation for a judgment between them rather than go to a worldly court and let the world see them squabbling over money matters. That would hurt the reputation of the Christian organization, publicly airing such matters and indicating to the world that the Christian spirit is not present. Rather than bring such reproach upon the organization, Paul argues that it would be better to be defrauded. If brothers are going to judge the world and angels, when associated with Christ Jesus in heaven, can they not judge trivial matters among themselves, without having to call in unbelievers, men looked down upon by the congregation, to settle their difficulties? To have to go out into the world and get such men to judge matters instead of settling it within the congregation would certainly be a mocking defeat for the congregation.” ↑
  14. The Watchtower magazine, March 1, 1977, page 147 -“ELDERS AS JUDGES TODAY -What is the arrangement in effect for judging matters among God’s people today? Jehovah has raised up elders who are in a position to serve as judges and counselors… “What is our view of this arrangement as found in the local congregation with which we may associate? We do not want to be like some in the first-century Corinthian congregation who instigated lawsuits against one another before unbelievers. The apostle Paul reproved them, saying: “I am speaking to move you to shame. Is it true that there is not one wise man among you that will be able to judge between his brothers, but brother goes to court with brother, and that before unbelievers?” (1 Cor. 6:5, 6) By resorting to worldly courts to settle matters that could have been handled within the Christian congregation, they were suffering a spiritual setback or defeat. None of us want to be put to shame or suffer regret for failing to view properly the arrangement for judging in harmony with Scriptural procedures today. Rather, we should be moved to express heartfelt appreciation for these theocratic provisions. By heeding the counsel and good judgment coming from those who ‘speak the word of God to us,’ we demonstrate our desire to work closely with the “faithful and discreet slave” class, in subjection to Christ.” ↑
  15. The Watchtower magazine, May 15, 1995, page 13 – “Another matter on which the Corinthian congregation needed enlightenment had to do with the fact that some of its members were taking their spiritual brothers to worldly courts in order to settle grievances.” ↑
  16. The Watchtower magazine, March 15, 1996, page 15 – “Loyalty to Jehovah God will also keep us from doing anything that would bring reproach upon his name and Kingdom. For example, two Christians once got into such difficulty with each other that they improperly resorted to a worldly law court. The judge asked, ‘Are both of you Jehovah’s Witnesses?’ Evidently he could not understand what they were doing in court. What a reproach that was!” ↑
  17. The Watchtower magazine, March 1, 1977, page 152 – “Where business transactions were involved or debts are still outstanding, it may not be necessary to insist on restitution as a prior basis for reinstatement in each and every case, as, for example, where a measure of fraud was involved. Elders, though, if all agree, can help in establishing what is reasonable to effect a settlement.” ↑
  18. The Awake! magazine, February 8, 1993, page 19 – “The Bible shows that the Kingdom will not try to salvage this irreformable world; it will completely eliminate the wicked governments and social orders that now oppress mankind and will replace them with a system that can establish true justice.” ↑
  19. The Watchtower magazine, August 15, 1997, page 27 – “You may decide to go directly to the elders. It is not wrong to do so. Usually, however, the most loving course is to approach the person involved. Perhaps the facts are not as they appear to be. Or perhaps the situation is already being handled by the elders. Calmly discuss the matter with the person. If there remains reason to believe that a serious wrong has been committed, encourage him or her to approach the elders for help, and explain the wisdom of doing so. Do not talk to others about the matter, for that would be gossip. If the person does not report to the elders within a reasonable period of time, then you should.” ↑
  20. Yet, suppose we have encouraged a wrongdoer to seek God’s forgiveness and confess to the elders, but he keeps putting this off or sees no need to take these steps. Can we just drop the matter? Some might reason that they do not want to become involved. They may not want to risk losing the friendship of the erring one. And they may not want to be thought of as persons who betray a confidence by telling the elders. But this is faulty reasoning. The psalmist David said: “I have not sat with men of untruth; and with those who hide what they are I do not come in.” (Psalm 26:4) Surely, then, we would not want to become accomplices of “those who hide what they are.” 15 The Watchtower magazine, November 15, 1985, page 20 – “Therefore, after we have given the erring individual a reasonable amount of time to approach the elders about his wrongdoing, it is our responsibility before Jehovah not to be a sharer in his sin. We need to inform the responsible overseers that the person has revealed serious wrongdoing that merits their investigation.” ↑
  21. The Watchtower magazine, September 15, 1952, page 571 “True loyalty is shown by the three Hebrew children; and this clearly teaches that great though the distinction may be between king and subject yet such distinction is lost when collision occurs between loyalty and duty to Jehovah and obedience to men’s laws.” ↑
  22. The Watchtower magazine, September 1, 1987, page 13 “While oaths or solemn promises should never be taken lightly, there may be times when promises required by men are in conflict with the requirement that we render exclusive devotion to our God. When someone commits a serious sin, he, in effect, comes under a ‘public curse’ from the One wronged, Jehovah God. (Deuteronomy 27:26; Proverbs 3:33) All who become part of the Christian congregation put themselves under “oath” to keep the congregation clean, both by what they do personally and by the way they help others to remain clean… “Employers have a right to expect that their Christian employees will ‘exhibit good fidelity to the full,’ including observing rules on confidentiality. (Titus 2:9, 10) If an oath is taken, it should not be taken lightly. An oath makes a promise more solemn and binding. (Psalm 24:4) And where the law reinforces a requirement on confidentiality, the matter becomes still more serious. Hence, before a Christian takes an oath or puts himself under a confidentiality restriction, whether in connection with employment or otherwise, it would be wise to determine to the extent possible what problems this may produce because of any conflict with Bible requirements. How will one handle matters if a brother or a sister becomes a client? Usually such jobs as working with doctors, hospitals, courts, and lawyers are the type of employment in which a problem could develop. We cannot ignore Caesar’s law or the seriousness of an oath, but Jehovah’s law is supreme. Anticipating the problem, some brothers who are lawyers, doctors, accountants, and so forth, have prepared guidelines in writing and have asked brothers who may consult them to read these over before revealing anything confidential. Thus an understanding is required in advance that if serious wrongdoing comes to light, the wrongdoer would be encouraged to go to the elders in his congregation about the matter. It would be understood that if he did not do so, the counselor would feel an obligation to go to the elders himself. There may be occasions when a faithful servant of God is motivated by his personal convictions, based on his knowledge of God’s Word, to strain or even breach the requirements of confidentiality because of the superior demands of divine law. Courage and discretion would be needed. The objective would not be to spy on another’s freedom but to help erring ones and to keep the Christian congregation clean. Minor transgressions due to sin should be overlooked. Here, “love covers a multitude of sins,” and we should forgive “up to seventy-seven times.” (Matthew 18:21, 22) This is the “time to keep quiet.” But when there is an attempt to conceal major sins, this may be the “time to speak.” “ ↑
  23. The Watchtower magazine, August 15, 1990, page 12 – “Although loyalty must characterize the lives of all Christians, it is specifically mentioned at Titus 1:8 in the list of qualities necessary for a man to be a Christian overseer. William Barclay says that hoʹsi·os, the Greek word here translated as “loyal,” describes “the man who obeys the eternal laws which were and are before any manmade laws.” “ ↑
  24. The Watchtower magazine, October 1, 1986, page 31 – “Elders in the Christian congregation are responsible to handle violations of divine law, such as stealing, murder, and immorality. But God did not require congregation elders to enforce Caesar’s laws and codes. Hence, Paul did not feel compelled to turn over to Roman authorities Onesimus, who was a fugitive under Roman law. (Philemon 10, 15) Of course, if someone flagrantly violates secular law, gaining the reputation of being a lawbreaker, he would not be a good example and might even be disfellowshipped. (1 Timothy 3:2, 7, 10) If lawbreaking was involved in causing another’s death, bloodguilt requiring congregation investigation might result.” ↑
  25. The Watchtower magazine, August 15, 1997, page 27 – “One or two elders will then discuss the matter with the accused. The elders need to “search and investigate and inquire thoroughly” to see if wrong has been done.” ↑
  26. The Watchtower magazine, August 15, 1997, page 27 – “At least two witnesses are required to establish a charge of wrongdoing. (John 8:17; Hebrews 10:28) If the person denies the charge and your testimony is the only one, the matter will be left in Jehovah’s hands. (1 Timothy 5:19, 24, 25) This is done in the knowledge that all things are “openly exposed” to Jehovah and that if the person is guilty, eventually his sins will “catch up” with him.” ↑
  27. The Watchtower magazine, November 1, 1995, page 28 – “If the accusation is denied, the elders should explain to the accuser that nothing more can be done in a judicial way. And the congregation will continue to view the one accused as an innocent person. The Bible says that there must be two or three witnesses before judicial action can be taken. (2 Corinthians 13:1; 1 Timothy 5:19) Even if more than one person “remembers” abuse by the same individual, the nature of these recalls is just too uncertain to base judicial decisions on them without other supporting evidence.” ↑
  28. The Watchtower magazine, November 1, 1995, page 29 – “What if the one accused—though denying the wrongdoing—is really guilty? Does he “get away with it,” as it were? Certainly not! The question of his guilt or innocence can be safely left in Jehovah’s hands.” ↑
  29. The Watchtower magazine, November 1, 1995, page 28 – “The names of any “remembered” abusers should be kept in strict confidence.” ↑
  30. The Watchtower magazine, Simplified edition, November 15, 2012, page 32 “Jehovah has given Christian elders the responsibility to decide whether a person who has committed a serious sin is repentant or not. These brothers do not know everything that God knows about each situation, but they try to make a decision based on what the Bible says and with the help of holy spirit. So when they pray to Jehovah to help them make a decision, we can be sure that their decision agrees with Jehovah’s thinking.​—Matthew 18:18. “In a situation like this, we have to be loyal. We should trust the way Jehovah handles the problem and accept the decision the elders make. When the elders decide that a person is repentant, will you forgive him and show that you still love him? (2 Corinthians 2:5-8) This may not be easy, especially if his sin hurt you or a member of your family. But if you trust in Jehovah and his way of handling these problems in the congregation, you will do the right thing. You will show that you really are willing to forgive others.” ↑
  31. The Watchtower magazine, March 15, 1969, page 170 – “This is unnecessary worldly association that can influence us to make wrong decisions and can easily lead to acts of immorality. The Watch Tower Bible and Tract Society has in its files records of just such cases.” ↑