Why The Watchtower Must Abolish Judicial Committees

by metatron 16 Replies latest jw friends

  • metatron
    metatron

    Some years ago, I upset some crypto-Watchtower apologists by stating that the Organization must eventually either abolish the CO arrangement or radically change it because it creates a direct chain of liability by chain of command and makes them a hierarchy (without Catholic level assets or influence to support such a structure).

    I would make a similar argument with regard to Judicial Committees. I do not contend that the Watchtower would get rid of these repellent anachronisms simply because they are unethical in form and use but rather that they represent an increasing liability/obstacle to the Organization's survival.

    Why?

    1) Such committees tend to open up all sorts of legal challenges and dangers. There have been plenty of cases in the last year alone that exposed various elders as having confessed knowledge of crimes - and then relaying that information to HQ, making an even bigger mess. Has someone confessed to fraud? Murder? Child Molestation? AFAIK, courts do not accept elders as having "clerical privilege" since such properly involves only two people, not committees.

    At this point, some will say, "they fix the problem by reporting these crimes to the police". Maybe so - but one must take into account the tendency of elders to be genially corrupt and 'write off" acts of sexual assault as just "horseing around" ( Yes, they will, I know about this personally!) which brings me to point two -

    2) When do such committees become legally unmanageable? And why has the Society ordered elders, in the past, specifically NOT to refer or attribute local decisions to Bethel/The Legal Staff/The Society? How long can they go on using uneducated window washers as unpaid remote employees and expect them to manage difficult questions by telephone calls to HQ? When does this arrangement become absurd? Are elders still expected to be stalkers in suspected adultery cases? Will they risk "hate speech" infractions by expelling gays? ( who have monitored convention talks in the past for this purpose).

    3) Yes, the Society is strongly protected by the 1st Amendment in the US but that doesn't apply to all nations and legal systems.

    http://www.jlaw.com/Articles/excom5.html

    With US hegemony shrinking, I see little reason for optimism about religious "rights" and privileges across the globe - and that may spell court interference in excommunication cases and more in the future.

    4) An additional factor here concerns the real world of extra-judical influences and reactions especially in cases involving children. This is particularly the case as the "seared consciences" of the Governing Body approve of baptisms of children (God! As young as 6 ?). Their sheer greediness for control could cause all sorts of issues external to the actual "Kangaroo Courts" that they have created -such as in Custody Hearings or in the private decisions of government officials who could be ex-Witnesses themselves or have relatives/ friends as such.

    As with people who obviously avoid footpaths that go past JW.Org displays, what happens when there are plenty of ex-JW's all over general society?

    If they insist on keeping this 19th century antique alive, I can imagine that they might simply rely on public acts and go no further - such as a criminal conviction or adulterous marriage that gets a Witness automatically expelled.

    In summary, I think this arrangement is likely to become ever more burdensome and an "albatross around their necks" with every passing year. In light of current changes, is that really what they want?

    metatron

  • Jeannette
    Jeannette

    SPOT ON METATRON! You rock!

  • sparrowdown
    sparrowdown

    Yes I have often wondered how they will go about patching all of the legal/litigation holes

    they have left all over the place that will eventually (hopefully) bite them.

    I have thought maybe they will still have JCs but not have any record of them or name names.

  • millie210
    millie210

    What an awesome post metatron.

    So is there any chance that their latest move to have elders appointed by C.O.s instead of headquarters going to help them avoid legal ramifications?

    I hope not.

  • Skinnedsheep
    Skinnedsheep

    Best post in months

  • metatron
    metatron

    I would add a point about record-keeping - a part of such committee actions. Europe is getting serious about such activities as shown by the recent trouble Google has had trying to comply with their demands online.

    A related point concerns the danger of having such records whether in Kingdom Halls or in the hands of the Secretary. You have all sorts of documented scandals ready for anyone to use for extortion/blackmail. There was a serious incident many years ago in which someone stole Df'd records of sexual wrongdoing and went public with them (Denmark, I think). It ended up in the newspapers and I heard they took down the sign for the Branch Office for a while because they were ashamed.

    Jesus spoke about the impracticality of pouring new wine into old wineskins and this continuing situation with Judicial Committees fits the parable.

    metatron

  • rory-ks
    rory-ks

    Sheesh, what is it with the "window washers"? A bloody taxi driver won Mastermind. Window washers are not necessarily numpties, no more or less than any one else is. It could be argued that everyone has a stupid bullsh*t job whether they are high-powered lawyers, or a genius surgeon with a God complex. It's all just to earn a penny and stay afloat in this world. Who wants to bow to "The Man," anyway? Window washers are supremely wise: They are self-employed, and work to their own schedule; they are not dictated to by some corporate blowhard; they work out of doors in the sunshine and cool breezes; they work in the silence where they can meditate on life's intricacies; they keep people's windows shiny; they have hardly any overheads. They are so damn sensible it makes my head spin.

  • Phizzy
    Phizzy

    Many of the moves they have made in recent years have been motivated by the need to prevent litigation from involving HQ and their huge pile of $$$.

    The problem they have with trying to change the nature of JC's is the record keeping, and the reporting back to H.Q. They can hardly claim that the Congregation in this area, internal discipline, is autonomous and it has nothing to do with H.Q, well , they can try, but I would doubt any Court would swallow that.

    So, do they relinquish their rigid control ? they show no signs of doing that, rather the reverse. So, they are in a Catch 22 as far as they are concerned, but I do believe you have hit on something Met, and they will have to do some re-jigging if they are not to continue to have to pay Millions$$$ in damages, which is what they would love to achieve.

    They would love it if Paedophiles could continue to operate freely within their ranks, but the Corporation takes no responsibility for payment of Damages, but where does that leave the poor victims ? Less likely to sue in the first place, and suffer the trauma of abuse over again by giving evidence, and therefore less likely to get the help they surely need to try to rebuild their lives.

    The JW.Org leaders are heartless, money grubbing bastards.

  • metatron
    metatron

    "They can hardly claim that the Congregation in this area, internal discipline, is autonomous".

    Exactly. Oh, and if any elders are reading this right now, let me give you some advice:

    If you ever get involved in anything that looks like it could be legally sticky, save all documents and DELIBERATELY ATTRIBUTE ALL DECISIONS DIRECTLY TO THE SOCIETY! Why? Because, if a lawsuit follows, the Watchtower may have to spend $ to defend you since they are involved.

    I perceive a trend here towards "cheap and easy" as to Watchtower management. If that conflicts with its cultish practises, I wonder what will get cut?

    metatron

  • sir82
    sir82

    It makes me wonder if this points have been raised, perhaps repeatedly, by the WT legal dept., to the GB.

    And if so, how many GB members are in agreement with such a recommendation? Obviously, if there are any, they've been outvoted until now.

    Perhaps it is only a matter of time (or the death of more of Jaracz's hand-picked hardliners).

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