Chapter 15: Ecclesiastical Commissions

15-1. A commission differs from an ordinary committee in that while a
committee is appointed to examine, consider, and report, a commission is
authorized to deliberate upon and conclude the business referred to it. A
commission shall keep a full record of its proceedings, which shall be
submitted to the court appointing it. Upon such submission this record shall be
entered on the minutes of the court appointing, the date of the submission being
the date of “the meeting of the court” for filing requirements under the rules
of discipline, with exception of the “notification” dates of BCO 42-4 and 43-
3. The effective date of dismissal of a commission of Session or Presbytery
shall be not before the time allowed for the filing of a complaint or appeal
against that commission’s decision has expired. Any complaint or appeal so
timely filed, shall be adjudicated by that commission until the matter is settled
by that commission or a higher court. When a commission is appointed to serve
as an interim Session, its actions are the actions of a Session, not a Presbytery.
Every commission of a Presbytery or Session must submit complete minutes
and a report of its activities at least once annually to the court which
commissioned it.

15-2. Among the matters that may be properly executed by commissions are
the taking of the testimony in judicial cases, the ordination of ministers, the
installation of ministers, the visitation of portions of the church affected with
disorder, and the organization of new churches.
Every commission appointed by Presbytery shall consist of at least
two teaching elders and two ruling elders, and the quorum shall be one more
than half its membership unless otherwise determined by the Presbytery.
However, should a Presbytery clothe a commission with judicial powers and
authority to conduct judicial process, or with power to ordain or install a
teaching elder of the Gospel, the quorum of such commission shall not be less
than two teaching elders and two ruling elders. The quorum for a commission
appointed as an interim session need not conform to the requirements of a
judicial commission, but only to those of a session (BCO 12-1). When the
ordination of a minister is committed to a commission, the Presbytery itself
shall conduct the previous examination.

15-3. Presbytery as a whole may hear a case, with or without process (BCO
31-38), a reference (BCO 41), an appeal (BCO 42), a complaint (BCO 43), a
BCO 40-5 proceeding, or a request to assume original jurisdiction (BCO 33-1)
properly before it, or it may of its own motion commit such a case to a
commission. Such a commission shall be appointed by the Presbytery from its
members other than members of the Session of the church from which the case
comes up. The commission shall try the case in the manner presented by the
Rules of Discipline and shall submit to the Presbytery a full statement of the
case and the judgment rendered. The judgment of the commission shall be the
decision of the Presbytery, and the statement of the case and judgment printed
in its minutes.

15-4. The General Assembly shall elect a Standing Judicial Commission to
which it shall commit all matters governed by the Rules of Discipline, except
for the annual review of Presbytery records, which may come before the
Assembly. This commission shall consist of twenty-four (24) members
divided into four classes of three teaching elders and three ruling elders in each
class. Each class shall serve a four-year term and each subsequent Assembly
shall declare the Standing Judicial Commission as a whole to be its
commission. Nominations and vacancies shall be filled according to BCO 14-
1(11), with nominations allowed from the floor. No person may be elected if
there is already a member of the commission from the same Presbytery; but if
a person is elected and changes Presbytery, he may continue to serve his full
term. No person may serve concurrently on the General Assembly’s Standing
Judicial Commission and any of the General Assembly’s permanent
committees.

15-5. a. In the cases committed to it, the Standing Judicial Commission shall
have the judicial powers and be governed by the judicial procedures of the
General Assembly. The decision of the Standing Judicial Commission shall
be the final decision of the General Assembly except as set forth below, to
which there may be no complaint or appeal. Members of the Standing Judicial
Commission may file concurring or dissenting opinions, or a minority report
as set forth in (c) below. The General Assembly may direct the Standing
Judicial Commission to retry a case if upon the review of its minutes
exceptions are taken with respect to that case.
b. In each case the Standing Judicial Commission shall issue a
summary of the facts, a statement of the issues, its judgment and its reasoning,
together with any concurring or dissenting opinions, all of which shall be
entered on the minutes of the General Assembly and shall be reported by the
Stated Clerk to the next General Assembly. The judgment shall be effective
from the time of its announcement to the parties.
c. (1) If, within twenty-four (24) hours of the time of adjournment
of a Standing Judicial Commission meeting at which a final decision was
rendered in a case, at least one-third (1/3) of the voting members of the
Standing Judicial Commission file written notice of their intention to file a
minority decision with the Stated Clerk of the General Assembly, and within
twenty (20) days from the adjournment do file such a minority decision, such
minority decision shall be considered a minority report and shall be referred,
with the report of the Standing Judicial Commission, to the General Assembly.
In each instance “file” shall be understood as defined by the Operating Manual
for Standing Judicial Commission.
(2) No such reference* from the Standing Judicial Commission
shall be considered by the General Assembly unless the report of the Standing
Judicial Commission and the minority report have been mailed to the clerk of
Session of each church at least thirty (30) days prior to the meeting of the
General Assembly.
(3) The Assembly shall act upon such a reference* from the
Standing Judicial Commission, in each case without question, discussion,
debate, or amendment, as follows:
(a) The Standing Judicial Commission shall have 30 minutes
to present its decision to the Assembly.
*NOTE: It was the opinion of the 26th General Assembly that “reference” is NOT
to be understood as the technical term “reference” in BCO 41-1.

(b) The minority shall have 30 minutes to present its decision
to the Assembly.
(c) The Standing Judicial Commission shall have 10 minutes
to reply to the minority report.
(d) The decision of the minority shall be proposed and the
General Assembly shall, without question, discussion,
debate, or amendment approve or disapprove of the
minority report.
(e) If the General Assembly disapproves the minority report,
the General Assembly shall take up the decision of the
Standing Judicial Commission and without question,
discussion, debate, or amendment, approve or disapprove
of the decision of the Standing Judicial Commission.
(4) If the General Assembly approves of a proposed decision, it
shall be the decision of the General Assembly, and printed in its minutes.
There may be no complaint or appeal from such a final decision of the General
Assembly. If the General Assembly finally disapproves of both proposed
decisions, it must set the case for hearing before the General Assembly or a
special commission appointed by it, and in either instance the case shall be
tried on the record as delivered to the Stated Clerk. Any such special
commission shall then proceed to consider the case and shall report its
decision, in like manner, to the General Assembly for its approval or
disapproval. In any event, the full record of the case, including written
testimony of witnesses, all documents, exhibits and papers shall be delivered
to the Stated Clerk for permanent preservation.