Petition 90047

Petition 90047 amending Paragraph 2715.10:

Petition 90047 (ADCA at 194), Calendar Item 17 (DCA 384) – Amends ¶ 2715.10 of the Discipline to grant the Church a right of appeal from findings of the trial court based on egregious errors of Church law or administration that could reasonably have affected the findings of the trial court, permitting a remand of a case for a new trial if such errors exist, and declaring that such remand shall not constitute double jeopardy.

Newly adopted ¶ 2715.10 is as follows:

¶ 2715. Appeal Procedures—General

. . .

  1. The Church shall have no right of appeal from findings of fact of the trial court. The Church shall have a right of appeal to the committee on appeals and then to the Judicial Council from findings of the trial court based on egregious errors of Church law or administration that could reasonably have affected the findings of the trial court. When the committee on appeals or the Judicial Council shall find egregious errors of Church law or administration under this part, it may remand the case for a new trial, along with a statement of the grounds of its action. This is not to be double jeopardy. In regard to cases where there is an investigation under ¶ 2702, but no trial is held, egregious errors of Church law or administration may be appealed to the jurisdictional or central conference committee on appeals and then to the Judicial Council by counsel for the Church. The committee on investigation’s decision not to certify a bill of charges does not alone constitute an egregious error of Church law or administration. When the committee on appeals or the Judicial Council shall find egregious errors of Church law or administration under this part, it may remand the case for a new hearing, in which event it shall return to the chair of the committee on investigation a statement of the grounds of its action. This is not to be double jeopardy.