PCA BCO and Complaints (Leithart)

Romans922 · #1 (**permalink**) 10-09-2008, 10:58 AM

Thinking about Complaints with the PNW Presbytery, etc.

I have a question about BCO 43-3. It says at the end of the paragraph, "Written notice of complaint, together with supporting reasons, shall be filed with both the clerk of the lower court and the clerk of the higher court within thirty (30) days following the meeting of the lower court."

In the context of the paragraph at the beginning it seems that this is after a complaint has already been made to the court of original jurisdiction when it says, "If, after considering a complaint...". Is this true or am I reading too much into this paragraph? There are two "if" statements in the paragraph and it is throwing me off.

So if someone from PNW Presbytery was filing a complaint with their presbytery now, would they send the complaint and reasons to the higher court as well as the lower court (right now). Or is this within 30 days of the complaint being heard before the next PNW Presbytery Meeting?

Hope this isn't confusing.

***fredtgreco*** · #2 (**permalink**) 10-09-2008, 11:27 AM

Quote:

Originally Posted by Romans922

Thinking about Complaints with the PNW Presbytery, etc.

I have a question about BCO 43-3. It says at the end of the paragraph, "Written notice of complaint, together with supporting reasons, shall be filed with both the clerk of the lower court and the clerk of the higher court within thirty (30) days following the meeting of the lower court."

In the context of the paragraph at the beginning it seems that this is after a complaint has already been made to the court of original jurisdiction when it says, "If, after considering a complaint...". Is this true or am I reading too much into this paragraph? There are two "if" statements in the paragraph and it is throwing me off.

So if someone from PNW Presbytery was filing a complaint with their presbytery now, would they send the complaint and reasons to the higher court as well as the lower court (right now). Or is this within 30 days of the complaint being heard before the next PNW Presbytery Meeting?

Hope this isn't confusing.

Andrew,

You have confused 43-3 with 43-2.

43-2 deals with how the Complaint should be filed:

Quote:

43-2. A complaint shall first be made to the court whose act or decision is
alleged to be in error. Written notice of complaint, with supporting reasons,
shall be filed with the clerk of the court within thirty (30) days following the
meeting of the court. The court shall consider the complaint at its next stated
meeting, or at a called meeting prior to its next stated meeting. No attempt
should be made to circularize the court to which complaint is being made by
either party.

Notice that it is just to be filed with the lower ourt (here the Presbytery.

But if the Complaint is ignored (notice the phrase in bold below) by the lower court (here, the Presbytery), then the written notice of the Complaint must be filed at the higher court (so the lower court can't ignore it and hold it in limbo (no Romanisim intended).

Quote:

43-3. If, after considering a complaint, the court alleged to be delinquent or
in error is of the opinion that it has not erred, and denies the complaint, the
complainant may make complaint to the next higher court. If the court fails
to consider the complaint by or at its next stated meeting, the complainant
may make complaint to the next higher court. Written notice of complaint,
together with supporting reasons, shall be filed with both the clerk of the
lower court and the clerk of the higher court within thirty (30) days following
the meeting of the lower court.

Does that make sense?

Romans922 · #3 (**permalink**) 10-09-2008, 12:56 PM

Yes that makes sense. Thanks for bolding it. That is what I thought, thanks for making it clearer.

Scott1 · #4 (**permalink**) 10-09-2008, 03:43 PM

Anyone have a general explanation about how such a complaint might be filed with the Standing Judicial Commission (SJC) of the PCA as opposed to appealing to the next highest court (General Assembly)?

What is the difference between appeal to the Standing Judicial Commission versus appealing a presbytery ruling to the General Assembly in PCA polity?

***fredtgreco*** · #5 (**permalink**) 10-09-2008, 04:37 PM

Quote:

Originally Posted by Scott1

Anyone have a general explanation about how such a complaint might be filed with the Standing Judicial Commission (SJC) of the PCA as opposed to appealing to the next highest court (General Assembly)?

What is the difference between appeal to the Standing Judicial Commission versus appealing a presbytery ruling to the General Assembly in PCA polity?

The Standing Judicial Commission is a commission (which can act on behalf of the court) and not a committee (which can only investigate and report back). It is also standing which means that it is a commission for all judicial cases. In other words, all cases appealed to GA are directed to the SJC (by the previous action of the GA setting up the SJC).

Scott1 · #6 (**permalink**) 10-09-2008, 04:57 PM

Quote:

Originally Posted by fredtgreco

Quote:

Originally Posted by Scott1

Anyone have a general explanation about how such a complaint might be filed with the Standing Judicial Commission (SJC) of the PCA as opposed to appealing to the next highest court (General Assembly)?

What is the difference between appeal to the Standing Judicial Commission versus appealing a presbytery ruling to the General Assembly in PCA polity?

The Standing Judicial Commission is a commission (which can act on behalf of the court) and not a committee (which can only investigate and report back). It is also standing which means that it is a commission for all judicial cases. In other words, all cases appealed to GA are directed to the SJC (by the previous action of the GA setting up the SJC).

Do I understand correctly that the Standing Judicial Commission, acting on delegated authority of General Assembly decides and then the General Assembly again votes whether to receive the decisions individually, en masse, etc.

***fredtgreco*** · #7 (**permalink**) 10-09-2008, 05:00 PM

Yes. But the GA cannot change he decisions, because they have been made by a Commission. The GA simply receives it as information.