Kieschnick's memo to Council of District Presidents
  Subject: Bylaw 3.101
  July 8, 2002
  Office of the President
  The Lutheran Church-Missouri Synod
  July 5, 2002
  Dear Brothers in Christ,
  This is to inform you that in a letter dated July 5, 2002, I have informed
  Second Vice President of the Synod Rev. Wallace R. Schulz that, in accord with
  Bylaw 3.101, B, 5, I am calling up for review his action as an individual
  officer of the Synod of placing President David H. Benke on suspended status
  as stated in his June 25, 2002, letter and accompanying documents to President
  Benke.
  In addition, no later than Wednesday afternoon, July 10, hopefully after my
  requested meeting with Vice President Schulz has been held, I will advise the
  Synod in a pastoral letter that I have called up for review his action and
  have requested that such action be altered or reversed.
  God's grace and peace be with you all!
  Jerry Kieschnick
  Transforming the world through Christ's love...in time...for eternity. John
  3:16-17
  Dr. Gerald B. Kieschnick, President
  The Lutheran Church-Missouri Synod
  
  Citation from LCMS Handbook quoted by Kieschnick
  The following is the citation from the LCMS Handbook to which President
  Kieschnick refers in his memo to the COP.
  2001 LCMS Handbook
  Bylaws
  C. Officers of the Synod
  1. President
  3.101 Powers and Duties
  B. Administrative
  The President shall
  
  5. call up for review any action by an individual officer, executive, or
  agency which, in his view, may be in violation of the Constitution, Bylaws,
  and resolutions of the Synod and, if he deems appropriate, request that such
  action be altered or reversed. If the matter cannot be resolved, the President
  shall refer it to the Synodical Board of Directors, the Commission on
  Constitutional Matters and/or the Synod in convention as the President deems
  appropriate to the issues and party/parties involved. (This provision in no
  way alters the President's constitutional duty to report to the Synod those
  who do not act in accordance with the Constitution and do not heed his
  admonitions, as prescribed in Art. XI B 2.) Page 47
  
  Commentary: How are lay people to sort all this out?
  First, President Kieschnick requested that First Vice President Daniel
  Preus recuse himself from judging the Benke Case because Preus had already
  stated his opinion before he was asked to judge the case.
  Second, the Praesidium then voted that President Kiesnchick also recuse
  himself, which he did, because he too had made prejudicial comments favoring
  Benke before judging the case.
  Third, it was now left to Wallace Schulz, the second Vice President, to
  judge the Benke Case. Schulz found Benke guilty.
  Fourth, now Kieschnick wants to reverse Schulz's decision as if Kieschnick
  had never really allowed himself to be recused by the Praesidium. In other
  words, Kieschnick only allowed himself to be recused from the Benke Case as
  long as Schulz made the decision Kieschnick wanted.
  Five, Schulz could now charge Kieschnick with lying to the Presidium
  because Kieschnick never really intended to recuse himself.
  Six, all this confusion is the result of the 1992 LCMS Convention adopting
  Dispute Resolution. Formerly, the Board for Adjudication, which was elected by
  the Convention, would have judged the case. Now, under Dispute Resolution,
  there is no Board of Adjudication and the Executive Branch of the Synod now
  also serves as the Judicial Branch of the Synod. Now we have presidents and
  vice president judging cases.
  Thank God that the United States Government has a separation between the
  elected political officials and the Supreme Court. As Americans, we have the
  privilege of voting for judges, the presidents and governors. The LCMS lay
  people gave up the right to vote for separate judges and executive in their
  own Synod in 1992.
  Dispute Resolution according to the Handbook speaks about a
  "win-win" outcome. In the real world, such fantasies are unworkable.
  The poor lay people were duped into politicizing the entire process of justice
  in the LCMS. Now they have political factions judging cases instead of the
  Word of God. Cronyism has replaced the Bible.