Judicial Committee Preparation

Marvin Shilmer

Recently a friend inquired about how to best prepare for a judicial committee hearing from the prospective of the subject individual. At a minimum I recommend the following:

When invited to the hearing (or to any “meeting” with local elders) make damn sure you question whether this is for a judicial hearing. If it is stated that this is the purpose of the “meeting” then ask:

1. Will any documents of record be made of this meeting?
2. Who will make/produce the documentation?
3. Who will have access to the documents of record?
4. Will this documentation contain information about my person, including my name and details discussed during the meeting?
5. Will I have access to any and all documentation of this meeting? If not, why not?
6. Will I have opportunity to object to any official documentation of the judicial hearing?
7. Can you record the meeting with a voice or video recorder? If not, why not?
8. Ask to have a personal advisor present during your judicial hearing. Reject any notion that sitting judiciaries (elders) will give any advice you might need during the process.
9. Make notes of answers to these questions and have the elder(s) initial it as an authentic record of thein invitation to your judicial hearing. If they refuse this then just include this refusal in your note.

Make these men go on record on these issues.

If you choose to attend the judicial hearing then, at a minimum, I recommend that you bring a friend along to sit and wait for you immediately outside the hearing room, and:

1. Do not answer any questions whatsoever, including making an opening statement.
2. Ask for proof of any accusations made against your person.
3. Insist that any witnesses testify in person.
4. Reject testimony given by elders who are also serving as members of the judiciary.
5. Keep meticulous records. Go with paper and pen in hand. Insist on writing down any questions asked, word for word. Insist on writing down any answers given, word for word. This will be time consuming and laborious. But insist on it. If you are told such documentation is disallowed then ask why, and write down what you are told. Hand this record over to your friend immediately as you leave the room as a witness to your record keeping.

Any witnesses who testify in your behalf should likewise take meticulous notes. If elders deny this then these witnesses should demand the privilege as a constitutional right. If they continue to be denied then they should state that they are reporting the incident to the police and their attorney.

If you are told that you are disallowed from meticulously documenting your own judicial hearing then refuse to be involved with the process and state that you are calling the police and your attorney to report a violation of your constitutional rights. Announce that your lawsuit will seek damages from the Watchtower Society, the local congregation and each elder on the judicial committee.

Marvin Shilmer

Outaservice

Or..................you can tell them you will not be in 'court'.

Outaservice (who operated as his own lawyer)

fullofdoubtnow

If you are told that you are disallowed from meticulously documenting your own judicial hearing then refuse to be involved with the process and state that you are calling the police and your attorney to report a violation of your constitutional rights. Announce that your lawsuit will seek damages from the Watchtower Society, the local congregation and each elder on the judicial committee

That would really intimidate them. I avoided appearing before a jc by da'ing, but it would have been interesting to see their reaction if I'd gone in and told them that.

lawrence

Marvin-

Very comprehensive... but you left out 4 critical actions.

#1 - Bring booze, and don't share it with the bastards.

#2 - Lace their water with hallucinogenics prior to your inquisition.

#3 - Kick them all in the balls when you've heard enough "policy".

#4 - Kick the dirt off your shoes and NEVER look back.

minimus

Marvin, usually I think your posts are most useful. But these recommendations are a waste of time since you and I know that as a religious group, they need not accomodate you at this meeting. And if you can produce evidence proving that this interaction could get them in legal problems and that the police will help you (that's actually funny), please show me. Otherwise, you're blowin' smoke up somebody's ass, in my humble opinion.

jwfacts

Your suggestions will not work as the elders are a law unto themselves. (I know, I tried much of the above approach.)

The elders will not allow any recordings, or note takers, witnesses or lawyers. They will not send anything written to your friend. I took in a tape deck and they said they will walk out if I turn it on. (They did not know that I had a second hidden recorder going in my bag) If they had walked out I would have been judged guilty without even being given the opportunity to respond.

There are really only 2 things to consider. Does you friend want to avoid getting d/f. If so say very little, do not disagree with the elders and feign repentance.

If your friend does not care getting d/f does he want to try to help the elders. Then be well prepared to have a logical and civil discussion. Not likely to work though.

Does he want to go out in a blaze of glory, then be prepared to take control, give them both barrels and walk out.

In any discussion the elders will avoid answering any tricky questions. JCs are not to help a person, but are purely courts for judging the person.

Marvin Shilmer

Minimus,

I neither expect nor need you to understand what I write here.

The recommendations were not inspired by what local law enforcement can or cannot do.

Furthermore, in the event an individual has cause for civil (or criminal) prosecution then, depending on responses to the questions, neither the Watchtower nor local elders can claim ecclesiastical privileges. This is why asking the questions is a good idea, not that I expect you to understand this. The Watchtower Society will have a hard time explaining to a court of law why it produces documents about your person yet refuses you access to those same documents. Such a process has a detrimental affect on claims of ecclesiastical privilege. In effect, these are nullified by such behavior and the judicial process is made even more evident for what it is: a star chamber prosecution.

Also, Watchtower policy does not forbid the accused from taking meticulous notes of their experience with a judicial committee during the hearing itself. On the other hand, the very presence of such note-taking can have a profound affect on witnesses and the tribunal of elders. Witnesses and elders can be warned by the accused of legal retaliation, and notes taken during the hearing then take on an even more ominous threat. Unfortunately almost no JWs take the precaution of taking their own notes during the hearing process.

In the future I recommend you cease blowing smoke about things you do not understand.

Marvin Shilmer

Jwfacts,

My recommendation is aimed at helping the individual accuses to make the most of his or her invite to the judicial process. Additionally it is aimed at warning the Watchtower Society that its many and vocal clamorings for constitutional protection extend to individuals, too.

The Watchtower Society has no policy preventing the accused from taking meticulous notes during the hearing process.

Marvin Shilmer

jwfacts

I took some notes, however have to wonder if they would stand up in court when the 6 elders present deny everything I say, since the individual is not allowed to have any witnesses themselves.

I do think it is a losing battle. It clearly is a star chamber designed intentionally to protect the WTS from legal threats. The Watchtower has almost never lost a case when being sued for d/f someone. If it works I would love to know.

It does seem that the elders in smaller or remote congregations are far easier to intimidate. The most likely way your approach would work is for the elders to think it is all too hard and just leave the person alone. However, lately it does seem the elders are becoming more likely to do whatever it takes to d/f anyone considered an apostate, even years after they have stopped attending meetings.

DazedAndConfused

Marvin, you said something that caught my interest. You said that your Constitutional Rights would be violated. Can you tell us what Constitutional Right that would be? I am in college now and right now, in History, are discussing the Constitution. So, can you tell us which 'right' would be violated?

Judicial Committee Preparation

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