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    Frequently Asked Questions about Church Disciplinary Councils

If you have a question about the whys, hows, or wherefores of Church Discipline in the Church of Jesus Christ of Latter-day Saints, our FAQ has the answer.

Question: What is a “disciplinary council”?

A disciplinary council is a private meeting between Church leaders and a member that has either confessed or been accused of behavior which could threaten their right to full fellowship in the Church.

Question: How is a disciplinary council different from a “church court”?

“Church court” is an older terminology for the same thing.

Question: What behavior requires that a disciplinary council be held?

Disciplinary councils must be held for:

• Murder
• Incest
• Physical or sexual abuse of a child
• Apostasy

A council must also always be held in the case of:

• Serious transgression by a prominent Church leader
• A pattern of serious transgression
• Transgression involving someone who is a predator and thus a danger to others^[1]

Question: What constitutes “a serious transgression”?

A serious transgression is a “deliberate and major offense against morality.” The following are defined as “serious transgressions” for the purposes of determining whether disciplinary councils ought to be held, but the list is not exclusive:

• Felonies (e.g., attempted murder, rape, burglary, theft, robbery, perjury, fraud, sale of illicit drugs)
• Adultery, fornication, or homosexual conduct

Question: What behavior may require a disciplinary council?

Any of these may prompt a disciplinary council.

• A serious transgression other than those which require a disciplinary council
• Abortion while a member of the Church (this includes paying for, submitting to, encouraging, or performing abortions)^[2]
• Transsexual operation

Question: What acts are not to be treated in a disciplinary council?

Leaders are instructed not to hold disciplinary councils for the following:

• Civil disputes
• Failure to live the Word of Wisdom
• Masturbation
• Pornography use
• Failure to pay tithing
• Failure to attend Church
• Failure to fulfill Church callings.
• Business failures or non-payment of debt (though felonious business practices might prompt a council as described above)^[3]

Question: Who decides to convene a disciplinary council?

Only bishops and stake or mission presidents may convene a disciplinary council. Bishops must have clearance from the stake president before initiating any council.

Question: What role do higher Church leaders play in disciplinary councils?

As with all matters, local leaders may seek counsel and advice from higher Church leaders. This could include questions about whether a disciplinary council is appropriate or needed. All decisions about the outcome of disciplinary councils, however, are made at the local level.

Question: Where are disciplinary councils held?

Councils are usually held by the leaders of the geographic unit in which a member lives. If a member moves, a Church leader can place a “hold” on the transfer of records to another ecclesiastical unit. Leaders from the old and new unit then confer, and determine who is best suited to conduct the disciplinary council.

Question: What determines if a council is handled by the bishop? When is the stake president involved?

The stake president is the president of the Church’s higher, or Melchizedek priesthood. Thus, any accusation against a priesthood holder must be resolved by the stake president. In practice, this means that experienced adult males tend to require stake disciplinary councils. Younger men who do not , teens, and women are typically managed by a bishop’s disciplinary council.

Question: Who participates in a bishop’s disciplinary council?

The bishop’s disciplinary council consists of:

• The member accused of transgression
• The bishop
• The bishop’s two counselors
• A clerk or secretary to take minutes

Witnesses requested by either the bishop or the member for whom the council is convened may also attend. They will be present only to give evidence, and then will be excused. They do not participate in the rest of the council, and are not made aware of the decision reached.

Question: Who participates in a stake disciplinary council?

The stake disciplinary council consists of:

• The member accused of transgression
• The stake president
• The stake president’s two counselors
• A clerk or secretary to take minutes
• Twelve members of the stake high council

Witnesses requested by either the bishop or the member for whom the council is convened may also attend. They will be present only to give evidence, and then will be excused. They do not participate in the rest of the council, and are not made aware of the decision reached.

Question: Besides the difference in those who attend a stake council, are there any other procedures which differ from a bishop’s council?

Yes. In accordance with revelation in D&C 102꞉13-17, members of the stake high council draw lots. As the scripture notes:

Whenever this [stake high] council convenes to act upon any case, the twelve councilors shall consider whether it is a difficult one or not; if it is not, two only of the councilors shall speak upon it....But if it is thought to be difficult, four shall be appointed; and if more difficult, six; but in no case shall more than six be appointed to speak. The accused, in all cases, has a right to one–half of the council, to prevent insult or injustice. And the councilors appointed to speak before the council are to present the case, after the evidence is examined, in its true light before the council; and every man is to speak according to equity and justice. Those councilors who draw even numbers, that is, 2, 4, 6, 8, 10, and 12, are the individuals who are to stand up in behalf of the accused, and prevent insult and injustice.

Question: How are members informed about disciplinary councils?

The bishop or stake president will inform a member in writing of a disciplinary council. Church leaders make every effort to accommodate the schedule of those subject to Church discipline. Councils may be rescheduled as needed to allow all necessary parties to attend. Members who refuse to attend a disciplinary council in purpose may provide written evidence.

Question: Are disciplinary councils like adversarial court rooms?

No. Councils should function in an atmosphere of mutual respect and concern for the well-being of the member. The presiding officer or other members of the council may ask questions in a respectful manner. Unlike civils courts, is no mechanism in place to compel or require a member to answer a question.

Question: Are those charged in a disciplinary council allowed to defend or explain themselves?

Yes. Members subject to potential Church discipline may present evidence, call witnesses, or provide written testimony. They are also permitted to question any witnesses who testify against them. (In many disciplinary councils, the member has confessed to transgression, and so there is little need for witnesses or fact-finding, since the member voluntarily discloses the nature and severity of his or her misdeeds.)

Question: Who makes the decision about a disciplinary council’s outcome?

The decision is made by the bishop or stake president after hearing the evidence, consulting with the other members of the council, and after prayer. Latter-day Saints believe such leaders are entitled to divine revelation regarding God’s will in the matter. When the decision is made, the bishop or stake president asks the other members of the council whether they agree with or sustain the decision. Every effort is made to achieve unanimous support, but the decision is the bishop’s or stake presidents.

Question: What are the possible outcomes of a disciplinary council?

Disciplinary councils outcomes include:

• A decision to take no action
• Formal probation
• Disfellowshipment
• Excommunication

Question: What is formal probation?

Formal probation restricts some privileges of Church membership. These privileges are determined by the council according to the circumstances. Members under formal probation may also be invited to participate more fully in some Church-related behavior. The duration of formal probation varies.

Question: What is disfellowshipment?

Disfellowshipped members remain members of the Church, but have some privileges of membership restricted. They may not take the sacrament, hold Church callings, give talks or pray in Church, perform priesthood ordinances, or vote to sustain Church leaders. Other council and cautions may be provided by the council (e.g., to refrain from reading pornographic material). Disfellowshipment usually lasts at least one year.

Question: What is excommunication?

Excommunication is the most severe penalty imposed by a disciplinary council. It is reserved for the most grave offenses. Excommunicated members are no longer considered to be members of the Church, and they are under all the restrictions of disfellowshipment. They are also not entitled to pay tithes or offerings, or wear temple garments. Such an individual may continue to attend Church if their conduct is orderly. Excommunication always lasts at least one year.

Question: What determines which penalty is imposed in a disciplinary council?

Leaders rely upon the facts of each case and revelation from God to determine the proper outcome of a disciplinary council. Murder always requires excommunication^[4] as does incest in virtually all cases.^[5] Other factors considered include:

• Whether those involved in the sin have made temple covenants
• Age and maturity of the sinner
• Whether marital covenants (one’s own or others’) were violated by the sin
• Frequency of the sin
• Whether one confessed voluntarily
• Whether one has committed similar past serious sins
• Whether the sinner was in a position of trust or authority
• Whether the sin has become broadly known in the community
• Whether the sinner held a visible position of Church leadership or responsibility
• What the interests of innocent parties affected by the sin require
• Time elapsed since the sin
• Evidence by word and deed of sincere and complete repentence

Question: What if a member disagrees with the council's decision, or believes that proper procedure has not been observed?

At the conclusion of every disciplinary council, the presiding officer informs the member that if he or she wishes to appeal the decision, he may so indicate in writing within thirty days. Bishops' councils may be appealed to the stake president. Stake councils may be appealed to the Church's highest body, the First Presidency.

Question: Are Church authorities informed of the outcome of disciplinary councils?

The outcomes of all disciplinary councils must be reported to the Office of the First Presidency. The forms for such reporting describe the transgression, evidence, elements involved in making a decision, and names of all those involved.

Question: Is anyone local informed of the outcome of a disciplinary council?

In most cases, the matters discussed in disciplinary councils remain completely confidential. Ward leaders are privately advised if a member’s privileges have been restricted, but they are not told the details of why this was necessary. (This prevents embarrassment, since leaders can avoid calling on a member under restrictions to pray or teach.) A more public announcement is made if the transgressor is found guilty of:

1. Apostasy
2. Predatory behavior which threatens other members
3. Other flagrant transgressions (e.g., teaching plural marriage, public ridicule or opposition to Church leaders)

In such cases, only a general announcement is made to the adults of a ward, informing them that the member has been either disfellowshipped or excommunicated “for conduct contrary to the laws and order of the Church.” Members are asked not to discuss the matter with anyone or gossip about it.

Question: ABC

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Notes

1. ↑ Handbook 1: Bishops and Stake Presidents (2010), 6.7.3.
2. ↑ This does not include abortions performed in cases due to rape or incest, or where the health of the mother is in serious jeopardy, or where there is little chance that the infant would live after birth.
3. ↑ Handbook 1, 6.7.1
4. ↑ Handbook 1, 6.9.3.
5. ↑ Handbook 1, 6.7.3., 6.9.3.