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Tintinnabulation
Abstract: Due process and abuse of discretion square off in appeals of Schmeling verdict.
Back in March, both sides in the disciplinary hearing for Pr. Bradley Schmeling appealed the verdict. Pr. Schmeling's appeal maintains that the Hearing Committee deviated from due process in allowing "extra-constitutional" documents to curtail options for discipline spelled out in the ELCA constitution. He asks that the case be returned to the Hearing Committee with instructiuon regarding the discretion guaranteed to the hearing committee by the constitution.
Bishop Warren's appeal maintains that the Hearing Committee abused its discretion by imposing a waiting period before removing Pr. Schmeling from the ELCA clergy roster. He asks that the Committee on Appeals remove Pr. Schmeling from the roster immediately.
Both sides submitted briefs in late May, and final responses from both sides were due June 1. The ELCA Constitution specifies that: The Committee on Appeals shall normally render its written decision within 60 days from the due date for the last written statement to be submitted under item h. below. (ELCA Constitution, 20.61.A92a)
Expect the decision of the Committee on Appeals in early August, just before the Churchwide Assembly.
