(Editor’s Note: PCA Teaching Elder Wes White has written a ‘Laymen’s Version’ of how he sees judicial process working in the denomination when charges are brought against a Minister for his theological positions. Two recent cases, one in Siouxlands Presbytery (Lawrence case) and one in Pacific Northwest Presbytery (Leithart case) were recently completed with not guilty verdicts.)

Everybody keeps asking concerning the Leithart trial, “what happens next?” Instead of answering everyone individually, I’m going to write one answer. I won’t give BCO citations but just sum up in my own words what I understand the PCA Book of Church Order to be saying.

1. First, we are dealing here with judicial process. Judicial process is when charges are laid against someone. Once that happens, another meeting is scheduled at which the person who is charged says whether or he is guilty. If he pleads guilty, the court can inflict a censure appropriate to the offense. If he pleads “not guilty,” then there is a trial. The court must rule whether or not that person is guilty of the charges or not. If the court finds that he is guilty, then they inflict an appropriate censure.

2. Second, there are two ways in which process can commence. First, an individual can make out the charge and become a voluntary prosecutor. Second, the court itself can conduct an investigation (like a grand jury). If the investigation leads to a strong presumption of guilt (meaning that it shows that guilt probably exists), then they must go to trial (in the manner noted in # 1 above). If the investigation does not show that guilt probably exists, then the court does not go to trial.

3. Now, what if someone disagrees with the decision of the court? This is where it gets complicated. If someone is found guilty in a trial, then they can appeal directly to the higher court. The court can then hear the case and determine whether they agree with the appellant or not. If there is an appeal, then a complaint cannot be made.

4. If someone disagrees with a not guilty verdict, then someone may complain against the action of the court. This is what we are dealing with in the Leithart case. The complaint must first be made to the court against whose action one is complaining (in this case, Pacific Northwest). If the court sustains (accepts, agrees with) the complaint, then the action of the court is rescinded and other actions may be taken. If the court that took the action denies the complaint, then someone can complain to the next highest court (in this case the General Assembly through its Standing Judicial Commission).

5. In cases where there is an investigation by a court, there is an additional step that may delay final adjudication. Going back to the early Pacific Northwest case as an example (SJC 2009-6), Pacific Northwest did investigate TE Leithart (in the manner noted in # 2 above), but they refused to commence process. In this case, there were two options available. First, someone could complain (which did happen in this case). Second, two Presbyteries could ask the General Assembly to assume original jurisdiction (cf. BCO 34-1). In the case of Louisiana Presbytery, there was a complaint against the Presbytery’s refusal to institute process after an investigation. Thus, the result of a sustained complaint before the higher court (the SJC) was that the matter was sent back to the Presbytery with directions to go to trial.

6. Finally, there is one other way in which these matters could come before the higher court. It is what we call review and control. The higher courts look at the records of the lower courts to determine whether or not what they have done is constitutional. This can happen through the normal method of the court sending its records to the higher court, or it can happen if a court does not record what it has done and the higher court receives information regarding what they have done (this used to be called a memorial, and this occurred when Central Carolina sent a memorial concerning the teachings of TE Steve Wilkins to the SJC). However, once there is a complaint or appeal, the matter cannot be considered under review and control.

I hope that helps. I know that these things can be hard to understand from the outside.

Wes White is a Teaching Elder in the Presbyterian Church in America. He is currently serving as the Pastor of New Covenant Spearfish Presbyterian Church, Spearfish, South Dakota. This article originally appeared on his web site http://weswhite.net and is used with permission.