Justice Delayed is Justice Denied: The Importance of Speed in Church Discipline
Speed is an essential quality of effective church discipline. Speed is not merely helpful; rather, speed is essential. We find this principle grounded in Biblical teaching, English common law, the American Constitution, and contemporary practice. The saying is true (and worthy of full acceptance): when justice is delayed, justice is denied.
Moreover, the church’s recent experiences demonstrate the disaster of judicial delay. Such delay frustrates all parties in the proceeding: complainants find themselves left waiting as the system (re)traumatizes them, while respondents lose the presumption of innocence as the court of public opinion tries them on social media. Moreover, the church as a whole is divided, distracted, and dispirited.
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The church should reform its disciplinary practices to include concrete rules on the length of the disciplinary process. It should expedite both the presentment of charges and the determination of guilt. A speedy trial is essential to do justice to the guilty, practice mercy toward victims, and walk humbly in the gospel mission of the church.
The Principle of a Speedy Trial
A speedy trial is not a new idea. This principle is found in the Bible, English common law, and the American Constitution.
Speedy Trial in the Bible
The principle of timely justice is present in scripture:
Because the sentence against an evil deed is not executed speedily, the heart of the children of man is fully set to do evil.
Ecclesiastes 8:11
This passage comes from Ecclesiastes, whose author Solomon was especially known for his wisdom in administering justice. In this passage, he explains what happens when justice “is not executed speedily”: law no longer has its deterrent effect. In other words, Solomon is explaining the systematic impact of delayed justice. When we delay justice in a particular case, it not only impacts the parties in that case but also encourages injustice throughout an entire society.
It’s also instructive to consider the example of Jethro, the father-in-law of Moses, who visited Moses in the wilderness and brought a word of warning about the way Moses was administering justice.
What you are doing is not good. You and the people with you will certainly wear yourselves out, for the thing is too heavy for you. You are not able to do it alone.
Exodus 18:17-18
Though Jethro’s criticism does not explicitly mention speed, the problem of delayed justice is clearly on the horizon. Jethro’s advice on the delegation of authority in the administration of justice has the practical effect not only of keeping Moses from burning out but also of creating an efficient system for the quick adjudication of allegations and disputes.
Speedy Trial in Common Law and Constitutional Law
The principle of a speedy trial is also central to our ancient traditions of common law and constitutional law. One of the founding documents in our tradition is the Magna Carta of 1215, which includes a clear statement against judicial delay:
To no one will we sell, to no one deny or delay right or justice.
Magna Carta, 40
The American Constitution mirrors this idea in its 6th Amendment (adopted in 1791), which explicitly requires a speedy trial:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…
US Constitution, Sixth Amendment
Notice that these documents include language regarding the rights of the accused, which highlights another aspect of judicial delay. Judicial delay is not just a problem for victims of injustice and for society, but also for those charged with wrongdoing. Why? Because every person accused of wrongdoing has the right to contest the public allegations, and to do so publicly and without delay.
Otherwise, the court of public opinion will try the accused—an outcome as inevitable as it is improper. People require closure on significant controversies, and if the judicial system will not provide it, the people will reach their own conclusions.
In American law, this right to a speedy trial is codified within concrete parameters. The Speedy Trial Act of 1974 requires that, in general, a trial for a federal offense must begin within 100 days of the indictment. This rule protects all parties: the victims, the accused, and society as a whole.
Speed in Church Discipline
Most of the time, we should resolve sin and conflict in the church relationally, discipline leading to personal reconciliation. Nevertheless, there are certain circumstances, especially in cases of abuse or when the offense is disqualifying for ordained ministry, in which a church trial is the proper method to adjudicate a dispute. In such cases, speed is of the utmost importance.
To see why speed is essential in church discipline, we need to consider what happens when there is a delay. It turns out that judicial delay harms every party to the case.
Harm to the Complainants
First, delay causes deep harm to the complainants. The longer that complainants wait for their allegations to be heard and adjudicated, the more they will come to believe that the system cannot administer justice. Complainants often experience a new trauma as the system holds out hope of justice, only to see progress frustrated at every turn. Eventually, complainants will seek other recourse to publish their allegations, whether through personal conversation, the media, or social media. Though such forums are not able to administer justice in a procedural sense, they offer at least the recognition of harm rather than continuing to suffer in silence.
Harm to the Respondent
Second, delay causes deep harm to the respondent. The fact is, once allegations are made, whether the respondent is guilty or innocent, he is in a bad position. If he is guilty, judicial delay prevents the necessary and holy work of repentance and sanctification. He ought to quickly confess, submit to sentencing, and seek reformation and renovation of ministry if possible. If he is innocent, judicial delay might seem like a reasonable way for him to continue in ministry. Still, the allegations have already severely harmed his public ministry. The best route for an innocent respondent is a speedy trial and acquittal.
Here, it is helpful to observe that Paul actually makes reputation one of the qualifications for an overseer in the church:
Moreover, he must be well thought of by outsiders, so that he may not fall into disgrace, into a snare of the devil.
1 Timothy 3:7
Thus, when church leaders become the subject of formal allegations of a sufficiently scandalous character, they are, in a sense, no longer qualified for their office, even if the allegations are incorrect. This is not fair, but Paul understands the reality: public allegations lead to distrust, undermining future leadership. The only way for the reputation of the innocent to be restored is for formal accusations to be resolved by formal acquittal.
Harm to the Whole Church
Third, delay causes deep harm to the whole church. Judicial delay not only harms the church’s confidence in specific cases but also has a chilling effect on future complainants’ willingness to use canonical channels. And if judicial delay goes on long enough, many will be tempted to think that this chilling effect is the point. If seeing our church’s sins in the newspapers frustrates us, we should point the finger at ourselves and at the failure of our church’s judicial processes.
The Practice of Judicial Speed in the Church
Is there a way to specify what judicial speed looks like in the church? At present, the Constitution and Canons of the ACNA do acknowledge the importance of judicial speed in a general way, using the language of “expeditious handling” and “within a reasonable time”:
Such procedures shall acknowledge the presumption of innocence of the accused and the right to representation by counsel, and shall be consistent with principles of fairness, due process and natural justice and shall require expeditious handling consistent with those principles…
When, after investigation of an accusation, the Ecclesiastical authority has determined that the matter should proceed forward, Articles of Presentment shall be prepared and personally served within a reasonable time…
ACNA Constitution and Canons, IV.3
In practice, however, there seems to have been little attention to the reality and appearance of judicial speed. Especially in complaints against bishops, we have seen extreme difficulty in making allegations, timelines in the many months and years, even to have an allegation heard, followed by interminable delays in judicial proceedings, secret appeals to secret tribunals in an attempt to void the case, highly irregular proceedings in trial, and subsequent resignations and further delays. Our experience has amply illustrated the truth of the ancient maxim: justice delayed is justice denied.
The Three Lents Rule
I’d therefore like to conclude with a proposal, called the Three Lents Rule, to better specify what speed looks like in the realm of church discipline.
Under the Three Lents Rule, a church trial must begin within Three Lents, or 120 days, from the date when a complaint is approved and formally presented to a respondent.
The idea draws on the Speedy Trial Act of 1974, which requires a trial to begin within 100 days of the public allegations. The Three Lents Rule both gives us the church a bit more time than the federal courts (since we are smaller and less resourced) and also specifies the length in theological terms. As in the Federal system, exceptions might be made in individual cases, but there would be a baseline for what constitutes a speedy trial.
Making it through one Lent is already hard, and waiting through three will be harder. But such a time frame provides a clear structure for all parties to seek resolution and the administration of justice.
Restoring Trust in Church Discipline
Ultimately, the purpose of any reform to church discipline should be to restore trust while ensuring the rights of every party in the administration of justice. Paul holds our leaders to a high standard: they should be well thought of, not only in the church but also by outsiders. Our church should operate in such a way that we want the newspapers to cover it!
Let us pray for God to send his Spirit of truth for the reform of his holy church:
Gracious Father, we pray for your holy Catholic Church. Fill it with all truth, in all truth with all peace. Where it is corrupt, purify it; where it is in error, direct it; where in anything it is amiss, reform it. Where it is right, strengthen it; where it is in want, provide for it; where it is divided, reunite it; for the sake of Jesus Christ your Son our Savior. Amen.
Prayer for the Universal Church: BCP 2019, 646
Image: photo by FUHMariaM from pixabay, courtesy of Canva.
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