Charges Filed


Heck of a way to start a vacation. Jim Sauer came by yesterday afternoon with a letter summoning me and Sarah to appear before the Session to “hear charges brought against” us.

They managed to get this done just under the wire, as they were about a week and a half short of the one-year deadline for beginning process.

I find it interesting that Jim Sauer has been named as prosecutor. This pretty much disqualifies him from sitting on the court for judgement. I’m a bit confused about who is actually on the Session right now. Sometimes, emails will go out from Jim to everyone on the Session, including Chris Catranis, Rob Miller, and Rich Pyle. Other times, it’s just to Ray Doreian and Rev. Van Ness. I’ve shot an email to Jim asking who is actually on the Session. Here is the letter I sent.

As far as the details of the letter, it’s pretty straightforward. The PCA Book of Church Order almost has a form that they need to follow. However, they seemed to have missed some major requirements on their part.

  1. The BCO says that along with the indictment, there needs to be included “names of witnesses then known to support it, served on the accused”. We’ve not received this list, even though we’ve been asking who our accusers are for the last year. They continue to refer to a secret list of people, without naming anyone.
  2. The same section says that the indictment is supposed to be delivered along with the citation. In other words, we’re supposed to have 10 days to consider the charges before we plead. The indictment has not been delivered. I find it amazing that they’re expecting to give us these charges, and expect our plea in one evening.

Anyway, I’m trying to clear this up with the Session before the meeting starts. For anyone who is concerned, we’re not too concerned for ourselves. We know, of course, that all things happen for God’s glory, and do look forward to clearing our name. In the process, I’m looking forward to the Church witnessing this spectacle. It’s obvious that restoration of relationships is the farthest thing from the goals of the Session.

We’ll keep you updated.

UPDATE: I may be mistaken regarding the timing of the delivery of the indictment. The question lies in the interpretation of BCO 32-3, steps 2 and 3. It does not explicitly say that the indictment must be delivered along with the citation… in fact, it doesn’t give any time frame for delivering the indictment to the accused, except when it is to be read to them at the second meeting of the court. However, in Dr. Morton Smith’s commentaries on BCO (which are not authoritative, but very instructional), writes “The citation to the accused must include a copy of the indictment drawn by the prosecutor, thus allowing him to prepare his defense.” So, while it seems that BCO is ambiguous as to whether the indictment comes with the citation, Smith thinks that it is explicit.

,

10 responses to “Charges Filed”

  1. Wow that letter is creepy. Since when do churches file charges? To sign the letter “In the name of Christ” is completely disgusting. I don’t remember Jesus filing charges against the woman at the well for committing adultery.

  2. Well first of all, filing charges is what a Session is required to do if they believe that all other attempts to reconcile or correct the wrong has been exhausted. Had the women at the well told Jesus to “mind his own business” I think you would have seen a very differant response from Him.

  3. I am happy that it is going to trial.

    Now, those who were involved will have to be in the same room, something I have been asking for since day one.

  4. Yes…there is nothing more frustrating then being accused and not knowing who the accusers are. I will be in prayer for you both in this matter.

  5. You both (as well as the Session – whoever they are) know where I stand. If you need a witness on your behalf, I’m there. Of course I will be supporting you in prayer. I will also be praying for the Session. These, too, are people I love. Tom, I hope your comment “It’s obvious that restoration of relationships is the farthest thing from the goals of the Session.” is untrue and that this trial will serve to close the book on a very sad chapter.

  6. […] It looks as though the Session has sought the wisdom of the Heritage Presbytery, and thankfully, he has concurred with the interpretation of BCO that I stated in an earlier post. The email I received today from the Clerk of Session cancelled the July 25th meeting, and tentatively rescheduled the meeting for August 1. […]

  7. I just wanted you to know you will be in my thoughts and prayers, and for this whole issue to be resolved in a spirit of unity and forgiveness, reconciliation, and restoration.

    Satan came to cause disunity, division, unbelief, fear.

    Christ came to restore, forgive and offer His perfect atonement, on our behalf because of His love for us. How can we do anything less? Thank goodness for Christ’s grace each and every day. Thankful to hear the date was moved to Aug 1. Will continue to pray for wisdom for all involved.