Remembering the recent past, proposed overtures may have predicted an unfolding future…
A review of the documentation distributed at the August 21, 2021 Northwest Georgia Presbytery meeting reveals that the two proposed overtures reported on previously are available. They have been transcribed by The Midway Guardian for readers below.
One of these proposed overtures in particular may be predicting a future that is unfolding at Midway Presbyterian Church, namely that more secret trials for indicted Ruling Elders are coming soon.
The two proposed overtures presented before the Presbytery in accordance with RAO 11-10 were:
“Amend BCO 32-3 with Provision to Preserve Openness in Church Courts”
“Amend BCO 25-2 with Provision to Preserve Congregational Voice”
They were packaged with a cover letter written by one of the Michaelson brothers who authored the overtures. These are the same brothers who brought complaints alleging Midway’s Session violated the constitution of the PCA in numerous ways. These overtures emerged amidst an Ecclesiastical Commission concurring with the Michaelson brothers’ complaints (indicating that the congregation’s voice had been muted by the Midway Session) and upholding the conviction of Midway Ruling Elder Philip Dudt (who was subjected against his will to a secret trial by TE David Hall and Midway’s Session in November of 2020). The cover letter expressed the motivation for the proposed overtures stating that “My motivation is simple and clear: to attempt to mitigate future disagreements among brothers regarding our ecclesiastical constitution so that peace and the glory of Christ may characterize our interactions.”
In summary, these overtures would prohibit secret trials like the one Ruling Elder Philip Dudt was subjected to and require an annual congregational meeting where the affairs of the church (including judicial actions) would be disclosed to the congregation. Similar provisions are found in the Book of Church Order of the Orthodox Presbyterian Church (OPC).
While the fate of these proposed overtures remains unknown at this time, their timing begs certain questions. Were they predicting that painful secret trials were about to happen again at Midway Presbyterian Church? Did the author anticipate at the time of writing them that three Ruling Elders at Midway were about to be indicted? This has since come to pass as The Midway Guardian has exclusively reported. The dangerous precedent of secret trials has already been set by TE David Hall and his Session.
It would seem the author of the proposed overtures was seeking to raise the alarm about the pending (and now actual) charges of three additional Ruling Elders at Midway. RE James Scott, RE Barnett, and RE David – who join RE Dudt in suspension from official duties of office.
Readers are encouraged to study the proposed overtures below and judge for themselves whether additional protections for congregational voice and a prohibition of secret trials are needed in Christ’s church. Should secrecy be allowed in the proceedings of Christ’s courts?
Amend BCO 32-3 with Provision to Preserve Openness in Church Courts
OVERTURE from individual communicant member in good standing, William Stuart Michelson, of Midway Presbyterian Church is submitted under the guidance set forth in RAO 11-10: “Amend BCO 32-3 with Provision to Preserve Openness in Church Courts”
Whereas, the Lord Jesus Christ turns darkness into light (Is. 42:16; Jn. 8:12); and
Whereas, the Bible, as the written Word of God, is a lamp unto our feet (Ps. 119:105); and
Whereas, to be imitators of Christ, we should also speak openly to the world and speak nothing, especially the rendering of justice by application of God’s Word, in secret (Jn. 18:20); and
Whereas, the Bible commands that we “render in your gates judgments that are true and make for peace” (Zech. 8:16); and
Whereas, Biblical authority supersedes that of Robert’s Rules of Order, so that the Biblical prescription for open courts overrides the prescription of Robert’s Rules or any other subordinate and contradictory source on how to hold and conduct a trial; and
Whereas, the authors of the U.S. Constitution incorporated the Biblical principles of open trials into the nation’s founding documents, ensuring that the accused in civil courts are afforded “the right to a speedy and public trial, by an impartial jury” (Amendment VI U.S. Constitution); and
Whereas, church courts seemingly mirror the rights afforded to the accused in civil courts save for the right to a public trial (BCO 32); and
Whereas, for church courts to operate in a manner that deprives the accused of this Biblical right is to operate on a lower moral plane than ordered by the Holy Scriptures and afforded by the world at large; and
Whereas, transparency promotes accountability; and
Whereas, open church courts encourage prosecutors to “speak the truth in love” (Eph. 4:15); and
Whereas, open church courts encourage the accused to act “with all humility and gentleness, with patience” bearing with others in love (Eph. 4:2); and
Whereas, exercising church discipline is highly important and necessary, and in proper usage maintains the glory of God, the purity of His Church, and the reclamation of disobedient sinners (BCO 27-3); and
Whereas, open church court proceedings assist teaching elders in their charge to instruct the officers and the congregation in discipline (BCO 27-4);
Therefore, be it resolved that in order that discipline may be exercised with mercy openly, Book of Church Order 32-3 be amended by adding the underlined text below:
32-3. It is appropriate that with each citation the moderator or clerk call the attention of the parties to the Rules of Discipline (BCO 27 through 46) and assist the parties to obtain access to them. When a charge is laid before the Session or Presbytery, it shall be reduced to writing, and nothing shall be done at the first meeting of the court, unless by consent of parties, except:
- to appoint a prosecutor,
- to order the indictment drawn and a copy, along with names of witnesses then known to support it, served on the accused, and
- to cite the accused to appear and be heard at another meeting which shall not be sooner than ten days after such citation. At the second meeting of the court the charges shall be read to the accused, if present, and he shall be called upon to say whether he be guilty or not.
If the accused confesses, the court may deal with him according to its discretion; if he plead and take issue, the trial shall be scheduled and all parties and their witnesses cited to appear. The trial shall not be sooner than fourteen (14) days after such citation. Courts of the church shall ordinarily sit with open doors. In every case, the court shall be without power to sit with closed doors if the accused insists on an open trial. No court may subject the accused to a closed trial against their will.
Accused parties may plead in writing when they cannot be personally present. Parties necessarily absent should have counsel assigned to them.
So that BCO 32-3 as amended would read:
32-3. It is appropriate that with each citation the moderator or clerk call the attention of the parties to the Rules of Discipline (BCO 27 through 46) and assist the parties to obtain access to them. When a charge is laid before the Session or Presbytery, it shall be reduced to writing, and nothing shall be done at the first meeting of the court, unless by consent of parties, except:
- to appoint a prosecutor,
- to order the indictment drawn and a copy, along with names of witnesses then known to support it, served on the accused, and
- to cite the accused to appear and be heard at another meeting which shall not be sooner than ten days after such citation. At the second meeting of the court the charges shall be read to the accused, if present, and he shall be called upon to say whether he be guilty or not.
If the accused confesses, the court may deal with him according to its discretion; if he plead and take issue, the trial shall be scheduled and all parties and their witnesses cited to appear. The trial shall not be sooner than fourteen (14) days after such citation. Courts of the church shall ordinarily sit with open doors. In every case, the court shall be without power to sit with closed doors if the accused insists on an open trial. No court may subject the accused to a closed trial against their will.
Accused parties may plead in writing when they cannot be personally present. Parties necessarily absent should have counsel assigned to them.
Submitted to Northwest Georgia Presbytery for its stated meeting, August 21, 2021
Amend BCO 25-2 with Provision to Preserve Congregational Voice
OVERTURE from individual communicant member in good standing, William Stuart Michelson, of Midway Presbyterian Church is submitted under the guidance set forth in RAO 11-10: “Amend BCO 25-2 with Provision to Preserve Congregational Voice”
Whereas, The Lord Jesus, as King and Head of His Church, has established a church government to be administered by Church officers (WCF 30.1); and
Whereas, Church officers are called to govern the holy institution of the Church well, promote the purity and peace within the congregations they shepherd, administer the sacraments, and provide for the spiritual well-being of the church; and
Whereas, a Presbyterian system of government prescribes that the men set apart for the sacred charge of Church office are selected and elected by members of a particular church (BCO 24); and
Whereas, inherent to a Presbyterian system of government is that the Word of God is to be preached only by such as are sufficiently gifted, and also duly approved and called to that office (WLC 158) and that from time to time as need arises by members who “shall, after consultation and deliberation recommend to the congregation” pastoral candidates who in their “judgment, fulfills the Constitutional requirements of that office and is most suited to be profitable to the spiritual interests of the congregation” (BCO 20-2); and
Whereas, the congregation consists of all the communing members of a particular church, and they only are entitled to vote (BCO 25-1); and
Whereas, the aforementioned vote is how a congregation’s voice is expressed and its will exercised within a particular church; and
Whereas, all members of a particular church have vowed to “support the Church in its worship and work” to the best of their ability, and “study its purity and peace” (BCO 57-5);
Therefore, be it resolved that in order to preserve the congregational voice of particular churches in the PCA, and assist members in upholding their membership vows, Book of Church Order 25-2 be amended by adding the underlined text below:
25-2. Whenever it may seem for the best interests of the church that a congregational meeting should be held, the Session shall call such meeting and give public notice of at least one week. No business shall be transacted at such meeting except what is stated in the notice. A stated meeting shall be held at least once annually to consider the affairs of the congregation, which shall include a report on the state of a church’s ministry, a disclosure of the financial state of the church, a presentation of the terms of call for teaching elders, and a disclosure of the status or outcome of any judicial actions involving the Session or its members. The Session shall always call a congregational meeting when requested in writing to do so:
- by one-fourth (1/4) of the communing members of a church of not more than one hundred (100) such members,
- by one-fifth (1/5) of the communing members of a church of more than one hundred (100) and not more than three hundred (300) such members,
- by one-sixth (1/6) of the communing members of a church of more than three hundred (300) and not more than five hundred (500) such members,
- by one-seventh (1/7) of the communing members of a church of more than five hundred (500) members but not more than seven hundred (700) such members,
- by one hundred (100) of the communing members of a church of more than seven hundred (700) such members.
Upon such a proper request, if the Session cannot act, fails to act or refuses to act, to call such a congregational meeting within thirty (30) days from the receipt of such a request, then any member or members in good standing may file a complaint in accordance with the provisions of BCO 43.
So that BCO 25-2 as amended would read:
25-2. Whenever it may seem for the best interests of the church that a congregational meeting should be held, the Session shall call such meeting and give public notice of at least one week. No business shall be transacted at such meeting except what is stated in the notice. A stated meeting shall be held at least once annually to consider the affairs of the congregation, which shall include a report on the state of a church’s ministry, a disclosure of the financial state of the church, a presentation of the terms of call for teaching elders, and a disclosure of the status or outcome of any judicial actions involving the Session or its members. The Session shall always call a congregational meeting when requested in writing to do so:
- by one-fourth (1/4) of the communing members of a church of not more than one hundred (100) such members,
- by one-fifth (1/5) of the communing members of a church of more than one hundred (100) and not more than three hundred (300) such members,
- by one-sixth (1/6) of the communing members of a church of more than three hundred (300) and not more than five hundred (500) such members,
- by one-seventh (1/7) of the communing members of a church of more than five hundred (500) members but not more than seven hundred (700) such members,
- by one hundred (100) of the communing members of a church of more than seven hundred (700) such members.
Upon such a proper request, if the Session cannot act, fails to act or refuses to act, to call such a congregational meeting within thirty (30) days from the receipt of such a request, then any member or members in good standing may file a complaint in accordance with the provisions of BCO 43.
Submitted to Northwest Georgia Presbytery for its stated meeting, August 21, 2021