For reasons of polity and perception, limiting representation before the higher courts to officers is unnecessary, potentially unwise, and may create a hinderance to a just process. But no matter the breadth of the pool of potential representatives, it still remains to be seen whether accused persons routinely have access to that representation.

Chapter 32 of the Book of Church Order (BCO) covers general provisions relevant to trials in the PCA. Prior to the 2025 General Assembly, paragraph 32-19 read as follows:

32-19 No professional counsel shall be permitted as such to appear and plead in cases of process in any court; but an accused person may, if he desires it, be represented before the Session by any communing member of the same particular church, or before any other court, by any member of that court. A member of the court so employed shall not be allowed to sit in judgment in the case.

In 2024, Overture 26 proposed to change that language to expand the pool of people eligible to represent the accused in a trial. The Overture proposed to amend the second half of the first sentence as follows:

an accused person may, if he desires it, be represented before any court by a communing member in good standing of a PCA church or any member in good standing of a PCA court.

This would have allowed for an accused person to be represented by anyone in the PCA. The Overtures committee amended this language slightly to limit the pool of representation for a trial before the session or Presbytery to someone within that Presbytery—either a member or a Teaching Elder. The amended language was approved by the 2024 General Assembly, approved by more than 2/3 of the Presbyteries, given final approval by the 2025 General Assembly, and the paragraph now reads as follows (the underlined words are new):

32-19 No professional counsel shall be permitted as such to appear and plead in cases of process in any court; but an accused person may, if he desires it, be represented before the Session or the Presbytery by any member in good standing of a church in the same Presbytery or by any Teaching Elder member of that Presbytery, or before the General Assembly by any member in good standing in the PCA. A member of the court so employed shall not be allowed to sit in judgment in the case. Courts are encouraged to suggest to the accused/appellant the names of potential representatives and potential advisors he might contact.

In a few weeks, the 53rd General Assembly will consider an Overture that proposes to again limit the options for representation. Overture 56 would amending the relevant language as such:

an accused person may, if he desires it, be represented in proceedings before a Session by any member in good standing of his own church or officer in good standing of a church in the same Presbytery, or by any Teaching Elder member of that Presbytery in good standing. An accused may be represented in proceedings before the Presbytery by any officer in good standing of a church in the same Presbytery or by any Teaching Elder member of that Presbytery in good standing. An accused may be represented before the Standing Judicial Commission by any officer, in good standing in the PCA.

I am opposed to this change for several reasons—some from an objective understanding of our polity and some from a more subjective consideration of the purpose of church discipline and the perception of the accused.

Representation in the Church Courts

The rationale for this Overture focuses on the propriety of officers being those who represent others in the courts of the church. One paragraph in the rationale states:

Representatives of an accused, like prosecutors, effectively function as officers of the court that conducts the proceedings. Before the 2025 amendment, church members could act as representatives for an accused fellow member of the congregation before their own Session, but, not being subject to the jurisdiction of the higher courts, were not permitted to participate as representatives in proceedings before the higher courts.

Voluntary Prosecutors

Voluntary prosecutors must act as representatives of the Presbyterian Church in America, per BCO 31-3.

31-3. The original and only parties in a case of process are the accuser and the accused. The accuser is always the Presbyterian Church in America, whose honor and purity are to be maintained. The prosecutor, whether voluntary or appointed, is always the representative of the Church, and as such has all its rights in the case. In appellate courts the parties are known as appellant and appellee.

And if it is true that acting as a voluntary prosecutor means that one “effectively functions as an officer of the court,” non-officers are already permitted to assume this role for a specific case.

32-2. Process against an offender shall not be commenced unless some person or persons undertake to make out the charge; or unless the court finds it necessary, for the honor of religion, itself to take the step provided for in BCO 31-2.

Jurisdiction of Courts

The phrase “not being subject to the jurisdiction of the higher courts” from the rationale paragraph above seems to be a confusion of categories. In one sense, all members and Teaching Elders in the PCA are subject to the jurisdiction of the higher courts.

But if what is meant is “original jurisdiction” then even Teaching Elders are not under the original jurisdiction of the General Assembly, though they may be officers of that court. Furthermore, a Teaching Elder could serve as a representative of a church member during a trial before the session, though he is not subject to the jurisdiction of that court.

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