Provided by Sharon Moore, Stated Clerk
2/3/21
Service on Synod PJC
In response to very good questions about participation on a Permanent Judicial Commission (PJC) I provide the following information.
- What are the responsibilities of our elected members of the PJC?
- According to the Book of Order (BOO), the elected members of the PJC are part of the church’s exercise of authority via church discipline. D-1.0101 BOO. The members are responsible for overseeing the church’s disciplinary process when necessary. While PJC operates in a manner similar to secular judicial systems it is not a substitute, and in fact it acts beyond what the secular judicial system can do. This system exists to honor God; to preserve the purity of the church; to achieve justice and compassion for all participants; to correct or restrain wrongdoing in order to bring members to repentance and restoration; to uphold the dignity of those who have been harmed by disciplinary offenses; to restore the unity of the church by removing the causes of discord and division; and to secure the just, speedy, and economical determination of proceedings.
- One of the key functions of the members of the PJC is to be sure that in all respects, all participants are accorded procedural safeguards and due process.
- When does the Synod PJC meet?
- It meets when called by the Stated Clerk of the Synod; usually because a complaint was filed and there is need for adjudication of a disciplinary or remedial matter.
- Training of PJC
- When a complaint is filed the members are notified and called to attend a meeting to elect the Moderator/Vice-Moderator, Clerk/Vice-clerk for the PJC.
- Next the members are provided a training session to inform and/or refresh on the procedural and substantive rules that apply for a particular matter. This training is conducted by the staff of the Office of General Assembly.
- If in the course of adjudication the members are unclear on substantive or procedural matters additional training/guidance will be provided to allow the members to reach a decision.
- Right now there is a remedial case pending before the Synod PJC, the new members would not participate in that adjudication; but would be called for any future matters.
- Some further points of clarification about PJC terms
- The term of each member of a permanent judicial commission shall be six years. During that term a member may not be called to serve actively at all. D-5.0102 BOO.
- If the member’s term is expired, but there is a matter presented to the Synod PJC and a quorum cannot be obtained, “the stated clerk shall immediately select, by rotation from that roster, a sufficient number of former members of the permanent judicial commission to constitute a quorum.” D-5.0206a BOO. This means that while a member’s six year term may have expired with/without adjudicating a matter, that member could be called back to serve because circumstances show there are not enough current PJC members to satisfy the number for a quorum.
- In a “post-Covid” era there may be the need to travel as part of service on PJC. Since meetings are scheduled by the PJC members there is room to set a boundary for no nighttime travel, or other travel restrictions. Also, with the flexibility we have learned in the Covid era if travel is a limitation to participation I believe that can be negotiated/navigated in favor of participation.