WATCHTOWER CA l! LE WATCH TOWER BIBLEAND TRACTSOCIETYOF NEW YORK,INC. 25 COLUMBIA HEIGHTS, BROOKL )' N. NEW YORK 1120 1. U.SA. PHON E (i 1B) 62 5 -3600 Jul y l, 1989 TO ALL BODIES OF ELDERS IN THE UNITED STATES C O N F I D E N T I A L. Dear Brothers: We are writing to help all of you as individual elders be aware of a growing concern regarding the handling of your duties that may involve legal issues or questions. Due to its importance, the meeting of the body presiding overseer should arrange for a special of elders to read and consider this letter carefully. In spreading the Kingdom message, it is appropriate that we be bold and outspoken. Jesus commanded that "what you hear whispered, preach from the housetops." (Matthew 10:27) Even when worldly authorities demand that we keep silent, we reply as did the apostles: "We cannot stop speaking about the things we have seen and heard." (Acts 4:20) The Christian congregation will continue to declare the Kingdom message boldly until Jehovah says the work is done. Elders share th e obligation to shepherd the flock. However, ] they must be careful not to divulge information about personal matters to unauthorized persons . There is "a time to keep quiet," when nyour words should prove to be few." (Ecclesiastes 3:7; 5:2) Proverbs 10:19 warns: . "In the abundance of words there do e s not fail to be transgression, but the one keeping his lips in check is acting discreetly." Problems are created when elders unwi sely reveal matters that should be kept c onfidential. Elders must give special heed to the counsel: "Do not reveal the confidential t alk of another." (Proverbs 25:9) Often the peace, unity, a nd spiritual well-being of the congregation are at stake. Improper use of the tongue by an elder can result in serious legal problems for the individual, the congregation, and even the Society. While we as Christians are ready to forgive oth ers who may wrong us, those in the world are not so inclined. Worldly persons are quick to resort to lawsuits if they feel their "rights" have been violated. Some who oppose the Kingdom preaching work readily take advantage of any legal provisions to interfere with it or impede its progress. Thus, elders must especially guard the use of the tongue. Jesus faced opposers who tried to "catch him in speech, so as to turn him over to the government." (Luke 20:20) He instructed us to be "cautious as serpents and yet innocent as doves" in such situations. (Matthew 10:16) Where such a threat exists , our position as elders shoul d be i n line with David's words : "I will set a muzzle as a guard to my own mouth, as lo ng as anyone wick ed is in f ront of me. "-Psalm 39: 1. TO ALL BODIES OF ELDERS July 1, 1989 Page 6 C. Be Extremely Careful with Written Material All material related to judicial matters should be kept in a safe place, accessible only to elders. Final reports on the handling of judicial matters should be placed in a sealed envelope in the congregation file. A judicial committee should avoid sending to an individual any kind of correspondence that accuses him of specific wrongdoing. (Note '1liJ11, pages 68-9.) Nothing should be put in writing to any disfellowshipped person to advise him of his status or specific direction from the Society. 'fhe the reasons for it without rules and procedures of Jehovah's Witnesses do not require such written disclosures. Anything in writing submitted to a judicial committee should be kept in strict confidence. If a judicial committee disfellowships an individual, he should be informed orally of the action taken and of the right to appeal. If the wrongdoer refuses to attend the hearing, two members of the judicial committee should attempt to contact the individual at his home and inform him orally of the decision. If this is not possible, the two elders may be able to inform him by telephone. D. Guard the Use of Your Tongue Think before you speak. Do not discuss private and judicial matters with members of your family, including your wives, or with other members of the congregation. Be extremely careful not to inadvertantly disclose private information when others are present, such as when speaking on the telephone with others listening in or nearby. (Note k.sl]_, page 65.) At times, complicated judicial cases may necessitate consultation with an experienced, mature elder in another congregation or with the circuit overseer. Unless the circuit overseer is the elder consulted, only the pertinent details should be discussed and names should not be used. Elders bear a heavy responsibility in ministering to the needs of the Christian congregation, and observing confidentiality as they do so. (1 Corinthians 16:13) We trust that the information in this letter will help you carry this burden. Please be assured of our love and prayers, and may Jehovah continue to bless you as you shepherd his flock.~! Peter 5:1-3. Your brothers, ~:1~1:~eer P.S. Due to the importance of the information that is presented herein it is suggested that the body of elders jointly read and consider this letter as soon as possible after its receipt in the congregation. Please do not make any copies of this letter, nor should it be read by others. It should be kept in the congregati on's co nfidential files for any future reference that may be required by the body of elders. TO ALL BODIES OF ELDERS July Page 1, 1989 2 In recent years, this matter has come to be a cause for increasing concern. The spirit of the world has sensitized people regarding their legal "rights" and the legal means by which they can exact punishment if such "rights" are violated. Hence, a growing number of vindictive or disgruntled ones, as well as opposers, have initiated lawsuits to inflict financial penalties on the individual, the congregation, or the Society. Many of these lawsuits are the As elders, remember that result of the misuse of the tongue. ill-advised statements or actions on your part can sometimes be interpreted legally as violating others' "rights." to maintain strict confidentiality has been The need for elders repeatedly stressed. Please see The Watchtower of April 1, 1971, pages 222-4, and September 1, 1987, pages 12-15. The September 1977 our Kingdom Service, page 6, paragraph 36, and the k..s.11 text- book, helpful direction and counsel. That material page 65, also provide strongly emphasized the elders' responsibility to avoid revealing confidential in formation to those not entitled to it. The legal consequences of a breach of confidentiality by the elders can be substantial. If the elders fail to follow the Society's direction carefully in handling confidential matters, such mistakes could result in successful litigation by those offended. Substantial monetary damages could be assessed against the elders or congregation. In some cases where the authorities are involved, certain complications could lead to a fine or imprisonment. These possibilities underscore the need for elders to be discerning and to follow carefully directions provided by the Society. I. A. Judicial WHAT TO DO IN SPECIFIC Committee CASES Matters Judicial committees must follow carefully the Society's instructions in carrying out their duties. (Note ks.11., pages 66-70; k..s..U.l,pages 160-70.) Anything submitted in wr iting to the committee by the alleged wrongdoer or by witnesses should be kept in strict confidence. If it is necessary to continue at a later time a committee hearing, the members of the committee should submit to the chairman any personal notes they have taken. The chairman will keep these notes in a secure place to prevent breaches of confidentiality. The notes may be returned to the individual elders when the hearing iesu~es. U~ori ci~riclusiori of t~e case, the chairman should pl~ce only necessary notes and documents, a summary of the case, and the S-77 forms in a sealed envelope for the congregation file. Nothing should be preserved outside of this sealed envelope (including unnecessary personal notes} by any elder on the committee. Obviously, no proceedings to be tape recorded or committee will ever allow judicial allow witnesses testifying be fore t he committee to take notes. TO ALL BODIES OF ELDERS July 1, 19 89 Page 3 8. Child Abuse Many states have child abuse reporting laws. When elders receive reports of physical or sexual abuse of a child, they should contact the Society's Legal Department immediately. Victims of such abuse need to be protected from further danger.~see "If the Worst Should Happen," Awake! January 22, 1985, page 8. C. Search Warrants and Subpoenas 1. A search warrant is a court order authorizing the police to search premises to locate evidence that may be used in a criminal prosecution. No elder should ever consent to the search of a Kingdom Hall or any other place where confidential records are stored. However, armed with a search warrant the police do not need consent and may even use force to accomplish their task. Likely before obtaining a search warrant, the police or other governmental officials will make inquiries regarding confidential records, make request to obtain the records, or indicate that they will seek a search warrant if the elder(s) involved does not cooperate. In any such situation, the Society's Legal Department should be called immediately. At any time an elder is confronted with a search warrant (whether given advance noti~e or not), the elder should first ask to read the warrant. After reading it he should ask if he can call for legal guidance and then call the Society's Legal Depar .ment. If for some reason the Legal Department cannot be contactedr the elders involved should make every effort to obtain the assis-dnce of a local attorney for the purpose of protecting the confidentiality of the records. It may be impossible to stop determine<) officers from conducting the search authorized by the warrant. Conscientious elders will want to do all they reasonably a~d peaceably can to preserve the confidentiality of the congregation in harmony with the principle set out in Acts 5:29. 2. Subpoenas are demands for records or for the appc~rance of an individual at a trial or deposition to give testimony. Subpoenas may be issued by a court or in some cases by a governmental agency or an attorney. If an elder receives a subpoena, he should contact the Society's Legal Department j ~ w ~iately. Never turn over records, notes, documents, or reveal any cvnfidential matter sought by subpoena without receiving direction from the Legal Department. 0 D. Crimes and Criminal Investigations In some cases the elders will form judicial committees to handle al1eged wrongdoing that also could constitute a violation of Caesar's criminal laws (e.g., theft, assault, etc.). Generally, a secular investigation into a matter that is a concern to the congregation should not delay conducting a judicial hearing. To avoid entanglement with the secular authorities who may be investigating the same matter, the strictest confidentiality (even of the fact that there is a committee) must be maintained. ~O ALL BODI ES OF ELDERS J uly 1, Page 4 1989 If the alleged wr ongdoer c onfesses to the sin (crime), no one else should be pre s ent besides the members of the committee. When evidenc e s upports the accusation but genuine repent a nc e is not are threatened with a lawsu i t, the Society's Legal Department should be c ontacted immediat ely . No statements should be made by any member of the body of elders about the merits o r validity of an actual or threatened lawsuit witho u t a uth o rization from the Society . TO ALL BODIES OF ELDERS July 1, 1989 Page 5 G. Child Custody Elders may learn that a publisher is facing a dispute over child proceeding. If the .parental rights of such is custody in a divorce challenged on the basis of our Christian beliefs, or on the assertion that our beliefs are harmful to a child's best interests, the elders should immediately write to the Society's Legal Department. In a rare emergency, a telephone call may be necessary. The Legal Department will assess the facts and determine the degree of its involvement, if any. Elders have no authority to make any promises about the Society's paying legal fees or handling specific cases. There is no need to contact the Society if there is no indication that the beliefs and practices of Jehovah's Witnesses will be attacked in a child custody dispute. When you write to the Society's Legal specific case, please provide the following 1. 2. 3. 4. 5. a The names of the parents and their attorneys. The number of children involved and their ages. A brief description of the facts, including the presence of any apostates. An assessment of the Christian parent's spiritual condition~Is he or she new in the truth? Active? Inactive? Balanced? The status of the legal proceedings~Has the matter gone to trial? Has the trial date been set? If so, when? II. A. Department about information: Appreciate POINTS TO REMEMBER the Importance of Maintaining Confidentiality Elders must exercise extraordinary caution when it comes to handling confidential information about the private lives of others. Do not mistakenly minimize the gravity of a breach of confidentiality. Unauthorized disclosure of confidential information can result in costly lawsuits. Even if a lawsuit turns out favorably, valuable time and energy that could have been devoted to Kingdom interests will be lost. B. Do Not Kake Statements to Secular Receive Legal Advice from the Society Authorities Until You You are not legally required to make immediate responses to secular authorities about matters that could involve the disclosure of confidential information. Voluntarily allowing the Kingdom Hall or confidential records to be searched, where no search warrant is produced, could infringe on the legal rights of the congregation or of others. No statements should be made until you have an understanding of your legal position from the Society's Legal Department.