Disciplinary council
Encyclopedia
In The Church of Jesus Christ of Latter-day Saints (LDS Church), a disciplinary council is an ecclesiastical trial during which a member of the church is tried for alleged violations of church standards. If a member of the LDS Church is found guilty of an offence by a disciplinary council, he or she may be excommunicated or their church membership may be otherwise restricted. Disciplinary councils are also referred to unofficially as church courts.
has committed an offence which may result in excommunication or when the subject is a member of a bishop's immediate family. In such instances, the council is composed of the stake president, his two counselors, and the twelve members of the stake high council. After hearing the evidence in the case and the submissions of the high councilors—one half of whom speak on behalf of the accused—the stake president and his counselors are encouraged to make a joint unanimous decision on the outcome. However, the stake president has the final say and can theoretically make a decision over the protest of either or both of his counselors.
can convene a disciplinary council to try a full-time missionary
in his mission
or a member in a district
of his mission. He can also authorize branch
or district presidents in a district to convene disciplinary councils.
, the Common Council of the Church
must be convened by the church's presiding bishop
. The Common Council is made up of the presiding bishop and his counselors and twelve other high priests selected by the presiding bishop. The Common Council has only been convened twice: In August 1838, after the return of Zion's Camp
, the Council formally convened for the first time to consider charges made by Sylvester Smith
against Joseph Smith, Jr., who was eventually cleared. In September 1844, Presiding Bishop Newel K. Whitney
convened a Common Council which excommunicated Sidney Rigdon
, who was the senior member of the First Presidency after the death of Joseph Smith, Jr.
If the accused person admits to the conduct in question, no evidence is presented before the council.
, "cultist teachings" to attract a following, or ridicule of church leaders.
is to the First Presidency
of the church. An appeal of a decision of a disciplinary council convened by a branch president or a district president in a mission is to the mission president. The body hearing the appeal may vary the decision of the council in any way or let the original decision stand.
The membership record of a member that is disfellowshipped or placed on formal probation is updated to note the status of the member. If the member changes congregations while under church discipline, the membership record will inform the new ward or branch leadership of the disciplinary action. After church discipline has ended the membership record will again be updated to remove notice of the disciplinary action. The membership records provided to ward and branch leaders normally do not contain information regarding past discipline; however, a membership record is annotated when a person has been disciplined for incest, sexual or serious physical abuse of a child, plural marriage
, an elective transsexual operation, repeated homosexual activities by adults, embezzlement of church funds or property, or other conduct that, in the church's view, "threatens the well being of other persons or of the Church." Annotations may be removed from a membership record if a stake president makes a request to do so and the First Presidency
approves the removal.
Stake leaders are allowed to see all records of past discipline of members of their stake. Church officers above the stake level and certain church employees also have access to records of past disciplinary action.
In the case of excommunication, the excommunicated person is removed from church records.
Purposes
According to the LDS Church, the purposes of its disciplinary councils are to:
- save the souls of the transgressors;
- protect the innocent; and
- safeguard the purity, integrity, and good name of the Church.
Ward disciplinary council
Most disciplinary councils are convened by a bishop of a ward. In such an instance, the council is composed of the bishop and his two counselors. The ward clerk will also be present to take notes of the proceedings. After hearing all of the evidence in the case, the bishop and his counselors are encouraged to make a joint unanimous decision on the outcome. However, the bishop has the final say and can theoretically make a decision over the protest of either or both of his counselors.Stake disciplinary council
A stake disciplinary council is convened by the stake president in instances where it appears that a holder of the Melchizedek priesthoodMelchizedek priesthood
The Melchizedek priesthood is the greater of the two orders of priesthood recognized in Mormonism. The others are the Aaronic priesthood and the rarely recognized Patriarchal priesthood...
has committed an offence which may result in excommunication or when the subject is a member of a bishop's immediate family. In such instances, the council is composed of the stake president, his two counselors, and the twelve members of the stake high council. After hearing the evidence in the case and the submissions of the high councilors—one half of whom speak on behalf of the accused—the stake president and his counselors are encouraged to make a joint unanimous decision on the outcome. However, the stake president has the final say and can theoretically make a decision over the protest of either or both of his counselors.
Mission disciplinary council
A mission presidentMission president
Mission president is a priesthood leadership position in The Church of Jesus Christ of Latter-day Saints . A mission president presides over a mission and the missionaries serving in the mission...
can convene a disciplinary council to try a full-time missionary
Mormon missionary
The Church of Jesus Christ of Latter-day Saints is one of the most active modern practitioners of missionary work, with over 52,000 full-time missionaries worldwide, as of the end of 2010...
in his mission
Mission (LDS Church)
A mission of The Church of Jesus Christ of Latter-day Saints is a geographical administrative area to which church missionaries are assigned. Almost all areas of the world are within the boundaries of an LDS Church mission, whether or not Mormon missionaries live or proselytize in the area...
or a member in a district
District (LDS Church)
A district of The Church of Jesus Christ of Latter-day Saints is a geographical administrative unit composed of a number of congregations called branches. A district is a subdivision of a mission of the church and in many ways is analogous to a stake of the church. The leader of a district is the...
of his mission. He can also authorize branch
Branch President
A branch president is a leader of a "branch" congregation of The Church of Jesus Christ of Latter-day Saints.The calling of branch president is very similar to the calling of bishop, except that instead of presiding over a ward, the branch president presides over a branch...
or district presidents in a district to convene disciplinary councils.
Common Council of the Church
If the need arises to convene a disciplinary council for the President of the Church or one of his counselors in the First PresidencyFirst Presidency (LDS Church)
The First Presidency is the presiding or governing body of The Church of Jesus Christ of Latter-day Saints . It is composed of the President of the Church and his counselors. The First Presidency currently consists of President Thomas S. Monson and his two counselors, Henry B...
, the Common Council of the Church
Common Council of the Church
In The Church of Jesus Christ of Latter-day Saints, the Common Council of the Church is a body of the church that has the power to discipline or remove the President of the Church or one of his counselors in the First Presidency due to misbehavior. Its existence and status are uncertain and...
must be convened by the church's presiding bishop
Presiding Bishop (LDS Church)
The Presiding Bishop of The Church of Jesus Christ of Latter-day Saints is a priesthood calling with church-wide authority. The Presiding Bishop is the highest leadership position within the church's Aaronic priesthood.-Presiding Bishopric:...
. The Common Council is made up of the presiding bishop and his counselors and twelve other high priests selected by the presiding bishop. The Common Council has only been convened twice: In August 1838, after the return of Zion's Camp
Zion's Camp
Zion's Camp was a paramilitary expedition of Latter Day Saints, led by Joseph Smith, Jr., from Kirtland, Ohio to Clay County, Missouri during May and June 1834 in an unsuccessful attempt to regain land from which the Saints had been expelled by non-Mormon settlers...
, the Council formally convened for the first time to consider charges made by Sylvester Smith
Sylvester Smith (Latter Day Saints)
Sylvester Smith was an early leader in the Latter Day Saint movement and one of the inaugural seven Presidents of the Seventy.-Biography:Smith was born in Tyringham, Massachusetts.Birth Date:...
against Joseph Smith, Jr., who was eventually cleared. In September 1844, Presiding Bishop Newel K. Whitney
Newel K. Whitney
Newel Kimball Whitney was a prominent leader of The Church of Jesus Christ of Latter-day Saints and an American businessman. He served as Bishop of Kirtland, Ohio, Far West, Missouri, and Nauvoo, Illinois. He also served as the second Presiding Bishop of the Church from 1847 until his death...
convened a Common Council which excommunicated Sidney Rigdon
Sidney Rigdon
Sidney Rigdon was a leader during the early history of the Latter Day Saint movement.-Baptist background:...
, who was the senior member of the First Presidency after the death of Joseph Smith, Jr.
Death of Joseph Smith, Jr.
The death of Joseph Smith, Jr. on June 27, 1844 marked a turning point for the Latter Day Saint movement, of which Smith was the founder and leader. When he was attacked and killed by a mob, Smith was the mayor of Nauvoo, Illinois, and running for President of the United States...
Evidence
The council begins by the presiding officer stating the reported misconduct and asking the accused person to admit or deny it. If the person denies the misconduct, the presiding officer or a designate presents the evidence of the misconduct. Evidence may be presented in the form of written or oral statements by witnesses or other documents. An accused person's previous confession cannot be used as evidence in a disciplinary council without the member's consent. The accused member is given a chance to question the witnesses against him or her. After the evidence against the accused is presented, the accused is permitted to present evidence in response. The accused can comment on the evidence and make any other statement he or she wants to make. All witnesses and the accused may also be questioned by any member of the disciplinary council. No witness is placed under oath. Because the disciplinary council is an ecclesiastical court, rules of evidence that govern domestic courts do not apply. However, the church has instructed leaders that "procedures in a Church disciplinary council must be fair and considerate of the feelings of all who participate."If the accused person admits to the conduct in question, no evidence is presented before the council.
Decision
Once a decision has been reached by the disciplinary council, the decision is announced to the accused person and the presiding officer explains the conditions that are imposed by the decision. The accused is also informed of his or her right to appeal the decision of the council. The decision of the disciplinary council is not announced in a public church meeting unless the case involves (1) the preaching of false doctrine, (2) a transgressor who is the predator, or (3) "other flagrant transgressions", such as participation in plural marriagePlural marriage
Polygamy was taught by leaders of The Church of Jesus Christ of Latter-day Saints for more than half of the 19th century, and practiced publicly from 1852 to 1890.The Church's practice of polygamy has been highly controversial, both within...
, "cultist teachings" to attract a following, or ridicule of church leaders.
Appeal
An accused member may appeal the decision of the disciplinary council within 30 days of the decision being made. Appeals of a ward disciplinary council are made to the stake disciplinary council (i.e. the stake president, his two counselors, and the high council). An appeal of the decision of a stake disciplinary council or a disciplinary council convened by a mission presidentMission president
Mission president is a priesthood leadership position in The Church of Jesus Christ of Latter-day Saints . A mission president presides over a mission and the missionaries serving in the mission...
is to the First Presidency
First Presidency (LDS Church)
The First Presidency is the presiding or governing body of The Church of Jesus Christ of Latter-day Saints . It is composed of the President of the Church and his counselors. The First Presidency currently consists of President Thomas S. Monson and his two counselors, Henry B...
of the church. An appeal of a decision of a disciplinary council convened by a branch president or a district president in a mission is to the mission president. The body hearing the appeal may vary the decision of the council in any way or let the original decision stand.
Records
The proceedings of the disciplinary council are summarized on a Report of Church Disciplinary Action form. This form is sent to the office of the First Presidency where the information it contains is permanently stored. It is also reviewed by the body hearing the appeal if an appeal is made. The member being submitted to discipline is not allowed to see what is written on the form.The membership record of a member that is disfellowshipped or placed on formal probation is updated to note the status of the member. If the member changes congregations while under church discipline, the membership record will inform the new ward or branch leadership of the disciplinary action. After church discipline has ended the membership record will again be updated to remove notice of the disciplinary action. The membership records provided to ward and branch leaders normally do not contain information regarding past discipline; however, a membership record is annotated when a person has been disciplined for incest, sexual or serious physical abuse of a child, plural marriage
Plural marriage
Polygamy was taught by leaders of The Church of Jesus Christ of Latter-day Saints for more than half of the 19th century, and practiced publicly from 1852 to 1890.The Church's practice of polygamy has been highly controversial, both within...
, an elective transsexual operation, repeated homosexual activities by adults, embezzlement of church funds or property, or other conduct that, in the church's view, "threatens the well being of other persons or of the Church." Annotations may be removed from a membership record if a stake president makes a request to do so and the First Presidency
First Presidency (LDS Church)
The First Presidency is the presiding or governing body of The Church of Jesus Christ of Latter-day Saints . It is composed of the President of the Church and his counselors. The First Presidency currently consists of President Thomas S. Monson and his two counselors, Henry B...
approves the removal.
Stake leaders are allowed to see all records of past discipline of members of their stake. Church officers above the stake level and certain church employees also have access to records of past disciplinary action.
In the case of excommunication, the excommunicated person is removed from church records.
When a disciplinary council is mandatory
The LDS Church has instructed leaders that a disciplinary council is mandatory when evidence suggests that a member of the church may have committed any of the following offences against the standards of the church:- MurderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
: the "deliberate and unjustified taking of human life". The church does not classify killings performed by policePoliceThe police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
or soldiers in the line of duty as being murder. It also does not classify abortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
as murder. - IncestIncestIncest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
: defined as "sexual relations" between a parent (or grandparent) and a natural, adopted, or foster child or a stepchild. It also includes sexual relations between siblings. - ApostasyApostasyApostasy , 'a defection or revolt', from ἀπό, apo, 'away, apart', στάσις, stasis, 'stand, 'standing') is the formal disaffiliation from or abandonment or renunciation of a religion by a person. One who commits apostasy is known as an apostate. These terms have a pejorative implication in everyday...
: refers to members who "repeatedly act in clear, open, and deliberate public opposition to the Church or its leaders" and also includes those who repeatedly present information as church doctrine that is not church doctrine and those who repeatedly follow the teachings of apostate sects or those who formally join another church. Merely failing to attend church meetings does not qualify as apostasy. - Serious transgression while holding a prominent church position : "serious transgression" is defined as "a deliberate and major offense against morality" and includes "attempted murder, rape, sexual abuse, spouse abuse, intentional serious physical injury of others, adultery, fornication, homosexual relations, deliberate abandonment of family responsibilities, robbery, burglary, theft, embezzlement, sale of illicit drugs, fraud, perjury, and false swearing." "Prominent church position" includes the positions of Area Seventy, temple presidentTemple PresidentTemple president is a priesthood leadership position in The Church of Jesus Christ of Latter-day Saints. A temple president's primary responsibility is to supervise the affairs of an LDS temple in both an administrative and spiritual capacity....
, mission presidentMission presidentMission president is a priesthood leadership position in The Church of Jesus Christ of Latter-day Saints . A mission president presides over a mission and the missionaries serving in the mission...
, stake president, patriarch, and bishop. - Transgressor who is a predator
- Pattern of serious transgressions (as defined above)
- Serious transgression (as defined above) that is widely known
When a disciplinary council may be appropriate
The LDS Church has instructed leaders that a disciplinary council may be appropriate when evidence suggests that a member of the church may have committed any of the following offences against the standards of the church. Whether or not a disciplinary council will be held will depend on the facts of the situation and is generally left to the discretion of the bishop or stake president.- Serious transgression (as defined in the section above)
- AbortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
: a disciplinary council may be held for any member who submits to, performs, encourages, pays for, or otherwise arranges an abortion. However, councils are not held for persons involved in an abortion if the pregnancy resulted from rape or forcible incest, if the life of the mother is in jeopardy, or if it is shown that the fetus has severe defects which will not allow it to survive the birth. - Transsexual operationSex reassignment surgerySex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...
When a disciplinary council is not appropriate
The LDS Church has instructed leaders that disciplinary councils are not appropriately held to resolve or deal with the following circumstances:- Failure to comply with some church standards, such as the Word of WisdomWord of WisdomThe "Word of Wisdom" is the common name of a section of the Doctrine and Covenants, a book considered by many churches within the Latter Day Saint movement to consist of revelations from God...
, payment of tithingTitheA tithe is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash, cheques, or stocks, whereas historically tithes were required and paid in kind, such as agricultural products...
, attendance at church meetings, or fulfilling church callings or assignments - Business failure or nonpayment of debts
- Civil disputes between two or more members
- In the case of a member voluntarily confessing a serious transgression (as defined above) that "was committed long ago".
Possible outcomes
A disciplinary council may reach one of four possible outcomes:- No action. This is the result when the disciplinary council determines that no offence has taken place. However, even if it is determined that an offence did occur, the council may impose no formal discipline and instead give "cautionary council" or recommend consultation with the member's bishop for caution or counsel.
- Formal probation. This action temporarily restricts or suspends a member's privileges of church membership in the way specified by the council. Possible actions could include "suspending the right to partake of the sacrament, hold a church calling, exercise the priesthood, or enter the templeTemple (LDS Church)In The Church of Jesus Christ of Latter-day Saints , a temple is a building dedicated to be a House of the Lord, and they are considered by Church members to be the most sacred structures on earth. Upon completion, temples are usually open to the public for a short period of time...
." - Disfellowshipment. A person who is disfellowshipped is "still a member of the Church but is no longer in good standing." A disfellowshipped member may not hold a temple recommend, serve in a church calling, or exercise the priesthood. A disfellowshipped member may attend public meetings of the LDS Church, but may not give a sermon, teach a lesson, offer a public prayer, partake of the sacrament, or vote in sustaining church officersCommon consentCommon consent is a democratic principle established by the Latter Day Saint movement's founder, Joseph Smith, Jr., who taught in 1830 that "all things must be done in order, and by common consent in the church, by the prayer of faith." As it is most frequently used by the Church of Jesus Christ of...
. However, disfellowshipped members may pay tithingTitheA tithe is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash, cheques, or stocks, whereas historically tithes were required and paid in kind, such as agricultural products...
and fast offerings and continue to wear the temple garmentTemple garmentA Temple garment is a type of underwear worn by members of some denominations of the Latter Day Saint movement, after they have taken part in the Endowment ceremony. Garments are worn both day and night and are required for any previously endowed adult to enter a church temple...
. If the disfellowshipped member expresses repentance and abides by the conditions imposed upon him or her, disfellowshipment usually lasts approximately one year. Only a reconvened disciplinary council can remove the condition of disfellowshipment. Disfellowshipment is considered a relatively severe action which is adequate for most serious transgressions. - Excommunication. An individual who is excommunicated is no longer a member of the LDS Church. All of the restrictions of the disfellowshipped member also apply to excommunicated individuals. In addition, an excommunicated person is not permitted to pay tithingTitheA tithe is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Today, tithes are normally voluntary and paid in cash, cheques, or stocks, whereas historically tithes were required and paid in kind, such as agricultural products...
or fast offerings or wear the temple garmentTemple garmentA Temple garment is a type of underwear worn by members of some denominations of the Latter Day Saint movement, after they have taken part in the Endowment ceremony. Garments are worn both day and night and are required for any previously endowed adult to enter a church temple...
. Excommunication is the most serious sanction a disciplinary council can impose and is generally reserved for only the most severe offences. Excommunication is mandatory for murder and is almost always required for incest. Excommunication may also be appropriate for members who have been disfellowshipped and have not repented. Excommunication almost always lasts at least one year; only a reconvened disciplinary council may approve an excommunicated member for readmittance to the church through baptismBaptismIn Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...
.
See also
- Excommunication: The Church of Jesus Christ of Latter-day Saints
- Ex-MormonEx-MormonEx-Mormon refers to a disaffiliate of The Church of Jesus Christ of Latter-day Saints or any of its schismatic breakoffs, collectively called "Mormonism". Ex-Mormons, sometimes referred to as Exmo, typically neither believe in nor affiliate with the LDS church. In contrast, Jack Mormons may believe...
- Former Latter-day SaintsFormer Latter-day SaintsThis is a list of well-known Latter Day Saints who have been excommunicated, resigned, or no longer profess to be Latter Day Saints.-Church of Jesus Christ of Latter-day Saints:...