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Appendix B-Church Courts

Latter-day Saints have always regarded their Church court system as the most equitable judicial system in the world. Speaking in a nineteenth-century conference session, Heber C. Kimball said, "I believe that there never was a more correct organization of a court on earth than our High Councils."

The origins of the Church court system antedated the organization of the Church. In the revelation presently known as Doctrine and Covenants section 20, teachers of the Church were instructed in a judicial role. Less than one year later, an elders' hearing with a bishop present was added. By August of that year, bishops were designated as judges in Israel. At Kirtland, Ohio, on February 13, 1833, a council of high priests met to investigate charges against Burr Riggs. Within two weeks, another council of high priests had excommunicated Riggs from the Church. In May 1833, the First Presidency acted in the capacity of a court of review or appeals court. In the next month, judicial activities were engaged in by a council of high priests, the First Presidency, and a council of elders. The first formal bishop's court was organized in December 1833.

With all of these developments as background, the first high council was organized February 17, 1834, superseding the council of high priests as a court. As the revelation on Church courts, section 102, says, "the high council was appointed by revelation for the purpose of settling important difficulties." (V.2.) Building on the basic high council court jurisdiction, other courts were developed. By March 1835, the following additional judicial bodies were operational:

1. The bishop's court.

2. Priesthood quorum courts.

3. The standing high council. (See Doctrine and Covenants 107.)

4. The traveling high council. (See Doctrine and Covenants 107.)

5. The First Presidency and twelve high priests as an appellate court.

6. The bishop's court for the First Presidency.

Thus, within five years of the organization of the Church, a well-developed court system had been established.

As the Church court machinery developed, legal principles and procedures also took shape. In section 42 of the Doctrine and Covenants, one of the earliest principles of Church law was established, namely: any member who sincerely repented and corrected his conduct was, and is, usually pardoned. In the same revelation another principle was established. Two witnesses were required before a person could be brought to trial in a Church court. In Doctrine and Covenants 102, the high council court was not to act as three judges and jury of twelve, but as a judge with two assistants (his counselors) and a panel of six spokesmen for the defendant and six for the Church in any case. The procedure was that lots would be drawn to ascertain who would speak for whom, and to determine the order of speaking. The odd numbers 1, 3, 5, 7, 9, and 11 were to speak on behalf of the Church, while the even numbers 2, 4, 6, 8, 10, 12 were to speak on behalf of the accused. In reaching a decision, the majority of the council concurring with the president was sufficient, but dissenting counselors could require a new trial in the light of new evidence.