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Monday 19 March 2012

Info Post
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The Watchtower organization has an internal policy whereby members are subjected to religious hearings with potential of very serious personal consequence. Individuals could find themselves the object of the organization’s communal shunning policy that is harsh and life-threatening.[1-3]

Despite this stiff consequence, the Watchtower organization offers very little to the general membership about preparing for and defending themselves during these hearings. This article is to offer recommendations for individuals who find themselves subject to these religious hearings.

If you are invited

When first invited to one of these hearings (or to any “meeting” with local elders) make sure you have clarified whether the meeting is a hearing before a “judicial committee”. If the answer is “Yes” then do the following:

1. Ask the elders to wait while you get something to write on, then ask and carefully record answers to each of the following questions, including the names of who said what:

2. When is the hearing?

3. Where is the hearing?

4. Who will be present for the hearing?

5. What is the allegation?

6. Will there be any witnesses testifying at this hearing? If so, who and what will they testify to?

7. Will there be any documents presented at this hearing as evidence? If so, what are these documents, where did they come from and what do they say?

8. Ask whether you can have copies of any evidentiary documents in advance of the hearing for preparation.

9. Will any documents of record be made of this hearing?

10. Who will make/produce the documentation?

11. Who will have access to the documents of record? Will anyone have access to documents of record that are not present during the hearing. If so, who?

12. Will this documentation contain information about my person, including my name and details discussed during the meeting?

13. Will I have the same access to any and all documentation of this meeting as does anyone else who is granted access? If not, why not? (The answer to this question will be “No”. But you should ask anyway.)

14. Will I have opportunity to object to representations made in any official documentation of the judicial hearing?

15. Can I record the meeting with a voice or video recorder? If not, why not?

16. Can I have a personal advisor/advocate of my choice present during this judicial hearing who is not part of the judicial committee but is a Watchtower appointed elder?


Make careful notes of answers to each these questions and have the elder(s) initial your notes as an authentic record of their invitation to your judicial hearing. If they refuse don't make a big deal of it, but in their presence record your offer and their refusal in your notes. Include the full names of each elder party to your invitation. Let them observe you making record of their names.

There is no Watchtower policy prohibiting elders from giving at least verbal answers to the questions above, and doing so prior to the judicial hearing. If elders refuse to answer your questions on grounds of Watchtower policy then have them cite the policy so you can verify the claim. Make very careful note of what is represented to you as Watchtower policy no matter how ridiculous it may sound.

Choosing to attend

If you choose to attend the religious hearing then, at a minimum, I recommend:

17. Bring a trusted friend with you to the hearing location. Watchtower policy prohibits having observers but at the very least your friend can sit and wait for you immediately outside the hearing room. This person can be a witness on your behalf down the road should it become necessary.

18. Keep meticulous records. Go with paper and pen in hand. Insist on writing down every question 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. If necessary, later on your friend can testify to authenticity of the time, location and event these notes were taken.

19. If told that you are disallowed from meticulously documenting your own judicial hearing then state you intend to call Watchtower headquarters to advise this judicial committee is enforcing a local policy that goes beyond Watchtower policy. Advise the judicial committee that, on the grounds that they are going beyond Watchtower policy, if they continue the hearing and render a decision against you, you will file a civil lawsuit against the Watchtower Society, the local congregation’s legal entity and each elder on the judicial committee.

20. Do not answer any questions whatsoever. You have no judicial obligation to answer any question from a judicial committee. Reserve your answers until evidence is presented. Evidence may not require any answers or statements from you.

21. Do not offer an opening statement when it is requested.

22. Ask for proof of any accusations made against your person.

23. Insist that any witnesses testify in person.

24. Ask lots of detailed questions about testimony against you. What time of day did alleged events occur. Why were they present? What were they doing? If they quote you as saying this or that, ask if they are repeating you verbatim or are they paraphrasing. If they allege they are quoting you, ask how they recorded the incident to know their recollection is accurate. Was anyone else present during the alleged event, if so who, what were they doing and why they were there. Are they aware that any allegation made that is in the least false can lead to them being sued in a court of law for defamation.

25. Object to any testimony given by elders who are also serving as members of the judicial committee.

26. Insist on a thorough disclosure of the source of any evidentiary documents. How can you verify their authenticity?

27. Any witnesses who testify on your behalf should likewise take meticulous notes of questions asked them and answers given. If elders deny this then these witnesses should ask whether Watchtower policy prohibits this and ask to see the policy in writing under Watchtower letterhead or in one of its publications.

28. After all evidence by witnesses and documents is presented then request an adjournment so you can prepare a defense to be offered when the proceeding continues given sufficient time.


Below readers will find forms of the above that can be saved and printed if needed.[4]

Give yourself options

Making records such as these offers several beneficial options.

Should one of Jehovah's Witnesses decide to appeal the decision of a local judicial committee they will have documentation to share with an appeal committee over and beyond what is shared by the original judicial committee, if you want to share it. Should the original or appeal committee make representation of Watchtower policy that is at odds with actual policy it may be grounds for a civil lawsuit.

Though religious organizations have a great deal of latitude with internal judicial proceedings, some courts have found that if internal policies are not followed there is exposure to civil liability. Watchtower is well acquainted with these civil court findings and fears them.

Copious note-taking will give reason for pause to elders involved in examining your personal business. As a general rule elders are not accustom to individuals keeping detailed notes during their own judicial hearing. Some elders might balk at this, but if they do and go on to prohibit you from doing so under pretense of Watchtower policy, then you have been handed grounds for potential civil lawsuit.

Detailed note-taking will give reason for pause to any witnesses testifying against you. If they make allegations that are in the least inaccurate they are subject to civil liability for defamation.

Marvin Shilmer
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References

1. Watchtower Shunning – Deadly by Design

2. Watchtower's Judicial System

3. For further reading on the subject see the articles:

What is in the “confidential file”?

S-77 and S-79 Disfellowshipping and Disassociation forms

Watchtower on written evaluations

Special Blue Envelopes

4. Forms:






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