16.1
15-1
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.
16.2
15-2
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.
16.3
15-3
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.
16.4
15-4
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.
16.5
15-5
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.
16.6
15-6
15-6. The General Assembly shall have power to commit to a commission, consisting of not less than three elders, the task of forming a provisional Presbytery in a foreign country where there exists no compatible indigenous presbyterian and reformed Church. Such a commission shall have authority to act as the Presbytery in all matters pertaining to the establishment and ordering of a national Church and shall report annually to the General Assembly. The commission shall be dissolved when there are at least three national teaching elders and three organized churches under its care, and these shall then constitute a separate national Church. Church Orders – The Doctrine of Vocation