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.