Section II · Chapter 1. Parties and Jurisdiction

The injured party should be the accuser in private or personal offenses. Formal process shall not be instituted unless evidence is presented that the means of reconciliation referred to above (section I, chap. 2) have been tried. Before such process is instituted, it is proper for the court to seek a solution of the case without formal trial.

Any member in good standing in the church may press charges against any other member before the court to whose jurisdiction he himself belongs. No person can be compelled to become an accuser. No charge shall be received without investigation from any one who is not of good character, or is mentally deficient, nor shall any be accepted at any time from one who manifests malice. Any accuser may be subject to censure, if the charges prove false or if they prove to have been made through malice.

A church court must not permit discipline to fail in its purpose for lack of an accuser. If an offense is public, or if a private offense grows into a public scandal, and an individual is unwilling to act as accuser, the court itself must institute proceedings by appointing a special prosecutor to pursue the case. A special prosecutor may be a member(s) of the court, a lower court, or the congregation.

A court may begin process on the ground of public report (fama clamosa) by appointing a special prosecutor. This public report is different from an idle rumor in that it is widespread, persistent, commonly known, and has the appearance of credibility. The charge will be stated in more general terms, but will conform in all other respects to the rule for a specific accusation (see below in chap. 2, par. 1). To avoid any process on the grounds of gossip, a committee may be first appointed to investigate the rumors. A person who considers himself slandered may request an investigation. The court may exercise its discretion in granting or refusing the request.

The presbytery has original jurisdiction in relation to suspension, deposition, or excommunication of teaching elders; the session in relation to all others. A higher court may direct a lower court to begin process; or the higher court may begin process or appoint a commission to do so, if the lower court has neglected or refused to begin process, or is otherwise incapable of proper action.

If a member of a congregation living within the bounds of another congregation is accused of a censurable offense, the session of the congregation where he resides shall refer the case to the session of his own congregation. A presbytery may take similar action in the case of a teaching elder who resides within its bounds, but is a member of another presbytery. Or the court to which a member or teaching elder belongs may request and authorize the court in whose bounds he resides to try the case. When a congregation is disorganized, a case pending before its session comes under the jurisdiction of presbytery. If a presbytery is disorganized, a case pending before it comes under the jurisdiction of Synod.

No one who serves as a party to or counsel or special prosecutor in a case may participate in the judgment of that case.

No person who has been tried and acquitted, or convicted, may be subjected to another trial or further disciplinary action for the same offense.*

The court may look to these section II provisions for guidance in handling section I disciplinary actions. However, the foregoing paragraphs 7 and 8 of these Special Provisions shall apply to any disciplinary action finalized under section I.