39.1
38-1
38-1. When any person shall come forward and make his offense known to the court, a full statement of the facts shall be recorded and judgment rendered without process. In handling a confession of guilt, it is essential that the person intends to confess and permit the court to render judgment without process. Statements made by him in the presence of the court must not be taken as a basis of a judgment without process except by his consent. In the event a confession is intended, a written Confession (i.e., a sufficient summary of the facts, the person’s specific confession, and any expression or evidence of repentance) must be approved by the accused, and by the court, before the court proceeds to a judgment, and the co-signed document shall be appended to the minutes (regular or executive session). No other information may be presented without written consent from the accused and the court, and this prohibition includes individuals, prosecutors, committees, and commissions. A censured person has the right to appeal (BCO 42). The person has the right to be assisted by counsel at any point, in accord with the stipulations of BCO 32-19. In any instances involving a personal offense (BCO 29-3), the court shall attempt to inform the offended person(s) of that part of the Confession the court deems pertinent to the offense against him or her. The court shall invite the offended person to provide the court comment on the Confession prior to final approval of the Confession by the confessor and the court. The court shall encourage the offended person to enlist the help of an advisor in preparing any such comments. In all instances, the court shall report the way such offended persons were informed of the parts of the Confession pertinent to them.
39.2
38-2
38-2. A minister of the Gospel against whom there are no charges, if fully satisfied in his own conscience that God has not called him to the ministry, or if he has satisfactory evidence of his inability to serve the Church with acceptance, may report these facts at a stated meeting of Presbytery. At the next stated meeting, if after full deliberation the Presbytery shall concur with him in judgment, it may divest him of his office without censure. This provision shall in like manner apply with any necessary changes to the case of ruling elders and deacons; but in all such cases the Session of the church to which the ruling elder or the deacon who seeks demission belongs shall act as the Presbytery acts in similar cases where a minister is concerned.
39.3
38-3
38-3. a. When a member or officer in the Presbyterian Church in America shall attempt to withdraw from the communion of this branch of the visible Church by affiliating with some other branch (BCO 2-2), if at the time of the attempt to withdraw he is in good standing, the irregularity shall be recorded, his new membership acknowledged, and his name removed from the roll. But if at the time of the attempt to withdraw there is a record of an investigation in process (BCO 31-2), or there are charges (BCO 32-3) concerning the member or minister, the court of original jurisdiction may retain his name on the roll and conduct the case, communicating the outcome upon completion of the proceedings to that member or minister. If the court does not conduct the case, his new membership shall be acknowledged, his name removed from the roll, and, at the request of the receiving branch, the matters under investigation or the charges shall be communicated to them. b. When a member or minister of the Presbyterian Church in America shall attempt to withdraw from the communion of this branch of the visible Church by affiliating with a body judged by the court of original jurisdiction as failing to maintain the Word and Sacraments in their fundamental integrity (BCO 2-2), that member or minister shall be warned of his danger, and if he persists, his name shall be erased from the roll, thereby, so far as the Presbyterian Church in America is concerned, he is deemed no longer to be a member in any body which rightly maintains the Word and Sacraments in their fundamental integrity, and if an officer, thereby withdrawing from him all authority to exercise his office as derived from this Church. When so acting the court shall make full record of the matter and shall notify the offender of its action.
39.4
38-4
38-4. When a member of a particular church has willfully neglected the church for a period of one year, or has made it known that he has no intention of fulfilling the church vows, then the Session, continuing to exercise pastoral discipline (BCO 27-1a and 27-4) in the spirit of Galatians 6:1, shall remind the member, if possible both in person and in writing, of the declarations and promises by which he entered into a solemn covenant with God and His Church (BCO 57-5, nos. 3-5), and warn him that, if he persists, his name shall be erased from the roll. If after diligently pursuing such pastoral discipline, and after further inquiry and due delay, the Session is of the judgment that the member will not fulfill his membership obligations in this or any other branch of the Visible Church (cf. BCO 2-2), then the Session shall erase his name from the roll. This erasure is an act of pastoral discipline (BCO 27-1a) without process. The Session shall notify the person, if possible, whose name has been removed. Notwithstanding the above, if a member thus warned makes a written request for process (i.e., BCO Chapters 31-33, 35-36), the Session shall grant such a request. Further, if the Session determines that any offense of such a member is of the nature that process is necessary, the Session may institute such process. Modes in Which the Proceedings of Lower Courts Come Under the Supervision of Higher Courts