A Review of SJC Case 2021-13, Dudt v. Northwest Georgia Presbytery

A Review of SJC Case 2021-13, Dudt v. Northwest Georgia Presbytery

Written by Terry L. Johnson |
Thursday, July 7, 2022

We all know that process can be manipulated. The Pharisees were masters of external conformity combined with internal corruption. Somehow the work of the SJC must take into account the destruction that can be wrought in the life of a church by a determined minority circularizing the congregation with defamatory information while misusing and manipulating the judicial process.

In reviewing the Standing Judicial Commission’s (SJC) handling of case 2021-13, Dudt v. Northwest Georgia Presbytery, I was dismayed with the way the SJC handled the case. In its decision, the SJC reversed the unanimous decision of Northwest Georgia Presbytery which had rejected all forty allegations of error in the complaint, and behind that a majority decision of the Session of Midway Presbyterian Church. To its credit, the SJC did deny twenty-six of the forty alleged errors, but failed to deny all forty. I have carefully read the SJC decision and my dismay has deepened. My disappointment falls into four categories.

First, I wonder if the SJC is capable of recognizing the larger context within which this complaint was made. The SJC decision seems to have been made in a contextual vacuum. Was the SJC aware of how long the contentious minority that had filed the complaint had been battling with the will of the majority? Was the SJC aware of the damage that has been done to the ministry of the church as the majority must contend with the public attacks of the minority? What may seem like a premature decision by the majority seems to have been preceded by destructive behavior by the minority with whom the said elder is associated, patiently tolerated by the majority for months. Not every detail may be found in the ROC requiring that the SJC pay more attention by further investigation to the larger context.

Second, the SJC made important appeals to the lack of evidence in the Record of the Case (ROC) (e.g., p. 2169, line 6, line 8, line 30). Arguments from silence are indulged in specifications 4, 5, 6, 14, and 24. As with the previous point, additional investigation should follow when the majority affirms that which the SJC thinks it ought to see in the ROC. The benefit of the doubt, or shall we say, the presumption of innocence, should be given to the majority in the local lower courts.

Third, technical errors of process (specifications 23, 25, 30, 31, 33, 34) should not be given undue weight, particularly in light of the larger context. The “weightier matters” of church unity and peace trump minor details of process.

Fourth, the SJC failed to deal adequately with the problem of officers and members circularizing the congregation. The concurring decision recognizes this problem and explicitly raises it twice:

It would be unfortunate for anyone to conclude, that because this Appeal was sustained, it is appropriate for a Session member to email his congregation expressing disagreement with a Session decision. Such conduct would rarely be wise or appropriate (p. 2182, lines 16-18). There are few things that disturb the peace and unity of a church more than individual elders bringing to public attention their disagreements with Session decisions (p. 2182, lines 46-47).

This is the heart of the issue. The church has a process by which minority opinions can be voiced. An elder has the right to submit a minority report from the session to the congregation. He does not have the right to send private communication without the knowledge of the session, especially one which contradicts, and in the contradiction denigrates the session. I fear that the SJC has unleased the furies of division and conflict throughout the PCA by its failure to deal with the bigger picture of the factionalism and schism that appeared to be on the Midway session.

Moreover, the SJC decision has seriously injured the ministry of a veteran, faithful and devout minister. He has sustained constant, false, and destructive attacks, from an organized and determined minority. At the foundation of their bitter opposition was an orderly process whereby the session voted to nominate assistant minsters to serve as associate ministers, and the congregation voted to concur with the recommendation to call the assistant ministers as associates. The minority did not like the decisions or the processes, though both were in order. They simply refused to submit to the majority. Among this hostile minority are those who have published online “The Midway Guardian,” continually attacking the minister, session, and members of Midway.

We all know that process can be manipulated. The Pharisees were masters of external conformity combined with internal corruption. Somehow the work of the SJC must take into account the destruction that can be wrought in the life of a church by a determined minority circularizing the congregation with defamatory information while misusing and manipulating the judicial process.

Terry Johnson is a Minister in the Presbyterian Church in America and is Pastor of Independent Presbyterian Church in Savannah, Ga.

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