PERMANENT JUDICIAL COMMISSION

SUMMARY OF WORK

1. Served the General Assembly of the Evangelical Presbyterian Church according to the authorities and responsibilities enumerated in Book of Government 21-3.D.
2. Reviewed recommendations from the Ad Interim Committee on Ordination Standards to amend Book of Government 11-2; 18-3; 19-4.B; 21-2.D.1 concerning procedures related to the ordination process.
3. Reviewed Presbytery of the Rivers & Lakes overtures to amend Rules for Assembly VII Communications & Overtures.
4. Proposed additional amendments to Rules for Assembly XIII.
5. Reviewed Presbytery of the Midwest overture to amend Book of Government 11-2.E concerning Advisors for Candidates in the ordination process.
6. Reviewed Presbytery Review Committee recommendation to amend Act of Assembly 12-11, superseding Acts 98-04 and 11-08, regarding the approval and recording of Terms of Call for Teaching Elders.
7. Adjudicated Book of Discipline complaints (D.14) related to Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Cases I-VII).

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RECOMMENDATIONS

45-11 Recommends that the 45th General Assembly approve revisions to G.11-2. 

45-13: Recommends that the 45th General Assembly approve a new section titled G. 18- 3. E defining Session’s authority in the Session Endorsement process and renumerate the subsequent divisions of G.18.3. 

45-15: Recommends that the 45th General Assembly approve revisions to G. 19-4.B.

45-17: Recommends that the 45th General Assembly approve revisions to G. 21-2.D.1.

45-29: Recommends that the 45th General Assembly approve the amendments to Rules for Assembly VII § 7-3 and that recommendation 45-30 the original overture from RLP be answered with reference to this. 

45-31: Recommends that the 45th General Assembly approve the amendments to Rules for Assembly VII § 7-5 and that recommendation 45-32 the original overture from RLP be answered with reference to this.

45-33: Recommends that the 45th General Assembly approve amendments to Rules for Assembly XIII 13.

45-39: Recommends that the 45th General Assembly answer recommendation 45-40 with reference to recommendation 45-10 the original recommendation from the AiC.

45-44: Recommends that the 45th General Assembly sustain all matters pertaining to the resolution of complaints (D. 14) with respect to Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Cases I-VII).

Recommends that the 45th General Assembly adopt the recommendation to amend the Act of Assembly 12-11 as presented in recommendation 45-41.

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WORK OF THE COMMITTEE

Constitutional Matters

The Permanent Judicial Commission convened to examine all overtures and recommendations from Presbyteries, permanent committees, and ad interim committees, that potentially amend the Constitution, for clarity and consistency of language and for compatibility with other provisions of the Constitution of the Evangelical Presbyterian Church, with the objective of presenting its recommendations to the General Assembly (G.21-3.D.2.a-b).

Judicial Matters

Beverly Heights Church, located in Pittsburgh, Pennsylvania, was a particular congregation in the EPC Presbytery of the Alleghenies (the “POA”) until February 15, 2025, at which point the POA voted to acknowledge Beverly Heights Church’s departure from the EPC. No party appealed the POA’s acknowledgment.

Beginning on January 27, 2024, and continuing throughout the 2024 calendar year, the session of Beverly Heights Church, including its pastor Nathaniel Devlin, TE, filed with the General Assembly Permanent Judicial Commission (the “PJC”) a series of complaints against the POA. The complaints alleged numerous violations of the scriptures and the Book of Order.

In addition to having extensive written exchanges, the PJC met eight times in 2024 and twice in 2025 to discuss and resolve the complaints, which were captioned as follows:

• Session of Beverly Heights Church, et al. v. Presbytery of the Alleghenies, I
• Session of Beverly Heights Church, et al. v. Presbytery of the Alleghenies, II
• Session of Beverly Heights Church, et al. v. Presbytery of the Alleghenies, III
• Session of Beverly Heights Church, et al. v. Presbytery of the Alleghenies, IV
• Session of Beverly Heights Church, et al. v. Presbytery of the Alleghenies, V
• Session of Beverly Heights Church, et al. v. Presbytery of the Alleghenies, VI
• Session of Beverly Heights Church, et al. v. Presbytery of the Alleghenies, VII

PJC Chairman Forrest Norman, RE, served as legal counsel for the POA during the Beverly Heights matter. Consequently, Chairman Norman recused himself, taking no part in the PJC deliberations or decisions related to Beverly Heights Church. Stated Clerk Dean Weaver, TE, who is a member of the POA, also took no part in the PJC deliberations or decisions. PJC member Brian Wyatt, RE, served as moderator pro tem

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RECOMMENDATIONS (DETAILED)

RECOMMENDATION 45-11

The Permanent Judicial Commission recommends that the 45th General Assembly approve revisions to G.11-2.

Rationale: The PJC finds the proposed amendment meets the standards of clarity and consistency of language and for compatibility with other provisions of the Constitution of the Evangelical Presbyterian Church.

RECOMMENDATION 45-13

The Permanent Judicial Commission recommends that the 45th General Assembly approve a new section titled G.18-3.E defining Session’s authority in the Session Endorsement process and renumerate the subsequent divisions of G.18.3.

Rationale: The PJC finds the proposed amendment meets the standards of clarity and consistency of language and for compatibility with other provisions of the Constitution of the Evangelical Presbyterian Church.

RECOMMENDATION 45-15

The Permanent Judicial Commission recommends that the 45th General Assembly approve revisions to G. 19-4.B.

Rationale: The PJC finds the proposed amendment meets the standards of clarity and consistency of language and for compatibility with other provisions of the Constitution of the Evangelical Presbyterian Church.

RECOMMENDATION 45-17

The Permanent Judicial Commission recommends that the 45th General Assembly approve revisions to G. 21-2.D.1.

Rationale: The PJC finds the proposed amendment meets the standards of clarity and consistency of language and for compatibility with other provisions of the Constitution of the Evangelical Presbyterian Church.

RECOMMENDATION 45-29

Recommends that the 45th General Assembly approve the amendments to Rules for Assembly VII § 7-3 and that recommendation 45-30 the original overture from RLP be answered with reference to this.

Rationale: The original overture from the Presbytery of Rivers & Lakes concerned the definition and procedures related to overtures received by the General Assembly in a proposed amendment to Rules for Assembly 7-3. While reviewing the language of the original overture, additional provisions were necessary to further clarify how the General Assembly processes the receipt of overtures from the lower court. The PJC recommends these amendments, which assume the adoption of the original overture from Rivers & Lakes, and also expands upon the original proposed language, which is why it is appropriate to simultaneously approve this amendment and answer the original overture with reference.

RECOMMENDATION 45-31

Recommends that the 45th General Assembly approve the amendments to Rules for Assembly VII § 7-5 and that recommendation 45-32 the original overture from RLP be answered with reference to this.

Rationale: The original overture from the Presbytery of Rivers & Lakes concerned the definition and procedures related to overtures received by the General Assembly in a proposed addition to Rules for Assembly 7-5. While reviewing the language of the original overture, additional provisions were necessary to further clarify how the General Assembly processes the receipt of overtures from the lower court. The PJC recommends these amendments, which assume the adoption of the original overture from Rivers & Lakes, and also expands upon the original proposed language, which is why it is appropriate to simultaneously approve this amendment and answer the original overture with reference.

RECOMMENDATION 45-33

Recommends that the 45th General Assembly approve amendments to Rules for Assembly XIII 13.

Rationale: The proposed amendments to Rules for Assembly § VII necessitate additional amendments to Rules for Assembly § XIII which are here presented for the sake of procedural consistency.

RECOMMENDATION 45-39

Recommends that the 45th General Assembly answer recommendation 45-40 with reference to recommendation 45-10 the original recommendation from the AiC.

Rationale: The Evangelical Presbyterian Church is a three-office church: Teaching Elders, Ruling Elders, and Deacons (G.9-1). “Elder” is not understood by our Constitution to be one office with two functions (Teaching and Ruling), but two distinct offices: a first office (Teaching; G.11-2) and a second office (Ruling; G.9-8). Therefore, as distinct offices, those ordained as Ruling Elders are potentially not equipped to serve in an advisory capacity for Candidates pursuing the office of Teaching Elder. Furthermore, the recommendation proposed by the Ad Interim Committee on Ordination Standards addresses this very matter and provides a helpful point of clarification on the same issue raised by the Presbytery of the Midwest. If approved by the Assembly, the PJC recommends that Recommendation 45-40, the original overture from the Presbytery of the Midwest, be answered with reference to Recommendation 45-10, the proposed amendments to Book of Government 11 by the Ad Interim Committee on Ordination Standards, which would have the effect of answering Recommendation 45-40 in the negative.

RECOMMENDATION 45-44

Recommends that the 45th General Assembly sustain all matters pertaining to the resolution of complaints (D. 14) with respect to Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Cases I-VII).

1. Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Case I)

• To SUSTAIN the PJC’s March 22, 2024 Order compelling the session of Beverly Heights Church (the “Complainant”) to provide a more definite statement on which relief may be granted in Beverly Heights v. POA, I. See Exhibit A – PJC Order dated March 22, 2024.
• To SUSTAIN the PJC’s April 24, 2024 Order finding that the complaint in Bevely Heights v. POA, I states grounds on which relief may be granted and ordering the POA (the “Respondent”) (a) to appoint one or more representatives to defend the complaint and to direct its appointed representative(s) to file with the PJC an answer to the complaint no later than May 25, 2024, and (b) staying further actions of the Respondent pursuant to its December 28, 2023 charges of contempt against the Complainant. See Exhibit B – PJC Order dated April 24, 2024.
• To SUSTAIN the PJC’s June 21, 2024 Order in Beverly Heights v. POA, I, clarifying the PJC’s April 24, 2024 Order and declining (a) to stay the Respondent’s plan to conduct a review of the Complainant’s finances and (b) to investigate the Respondent’s Administrative Commission. See Exhibit C – PJC Order dated June 21, 2024.
• To SUSTAIN the PJC’s September 5, 2024 Opinion in Beverly Heights v. POA, I, (a) determining not to sustain the complaint; (b) holding, as a matter of church law, that a presbytery is entitled to act under the Book of Discipline on matters related to a request for dismissal under Book of Government section 5-10, as long as that action does not amount to dismissing, dissolving, or dividing the local church and its elders prior to completion of proceedings under such section; and (c) lifting the PJC’s April 24, 2024 stay order. In its opinion, the PJC also found that certain actions and recommendations of the Respondent’s Administrative Commission were the reason Beverly Heights Church sought dismissal from the EPC. The Complainant’s alleged violation of the actions and recommendations had been the subject of certain contempt charges filed by the Respondent on December 28, 2023. The PJC concluded that, while the dismissal process under Book of Government section 5-10 was ongoing, the only sanction that could be entered against the Session of Beverly Heights Church or Teaching Elder Devlin, upon a guilty verdict relating to the contempt charges, was admonishment. “Entering any sanction other than admonishment in this matter,” the PJC concluded, “would constitute an impermissible action to dismiss, dissolve, or divide the church and its elders in violation of the constitution of the Evangelical Presbyterian Church.” See Exhibit D – PJC Opinion dated September 5, 2024.

2. Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Case II)

• To SUSTAIN the PJC’s August 1, 2024 Order (Amended) dismissing under Book of Discipline section 14-8 the Complainant’s second complaint for failure to state grounds on which relief may be granted. The effect of this dismissal was to allow the Respondent’s order of a financial review of the Complainant to continue. See Exhibit E – PJC Order (Amended) dated August 1, 2024

3. Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Case III)

• To SUSTAIN the PJC’s January 8, 2025 Order dismissing under Book of Discipline section 14-8 the Complainant’s third complaint for failure to state grounds on which relief may be granted. The PJC determined that the complaint was time-barred under Book of Discipline section 14-6. See Exhibit F – PJC Order (Amended) dated August 1, 2024.

4. Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Case IV)

• To SUSTAIN the PJC’s January 8, 2025 Order dismissing under Book of Discipline section 14-8 the Complainant’s fourth complaint for failure to state grounds on which relief may be granted. The PJC determined that nothing in Book of Government section 5-10A or the PJC’s prior opinion in Beverly Heights v. POA, I, would prohibit the Respondent’s Judicial Commission from, after trial, holding one or more of the elders of Beverly Heights Church in contempt regarding a matter unrelated to the congregation’s outstanding request for dismissal and, even during the dismissal process, imposing on the guilty party(ies) any penalty within the full range of disciplinary sanctions set out in the EPC constitution (e.g., admonition, suspension, removal from church office, and excommunication). The Complainant’s statement that the Respondent’s Judicial Commission is “planning to exceed its authority” was an insufficient basis for granting relief. The fourth complaint, the PJC concluded, was simply not ripe for adjudication. See Exhibit G – PJC Order dated January 8, 2025.

5. Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Case V)

• To SUSTAIN the PJC’s January 17, 2025 Order (a) striking a portion of the Complainant’s fifth complaint under Book of Discipline section 14-8A.2; (b) subject to such modification, finding that the complaint states grounds on which relief may be granted; (c) ordering the Respondent (1) to appoint one or more representatives to defend the complaint, (2) to direct its appointed representative(s) to file with the PJC an answer to the complaint no later than midnight on Tuesday, February 18, 2025, and (3) to provide the record of the case are required in Book of Discipline section 14-8C; and (d) declining to stay any proceedings below that were related to the complaint. See Exhibit H – PJC Order dated January 17, 2025.
• To SUSTAIN the PJC’s February 26, 2025 Order dismissing the Complainant’s fifth complaint for lack of standing. On January 25, 2025, after trial, the Respondent removed from office by judicial sanction the members of the session of Beverly Heights Church, including Teaching Elder Nathaniel Devlin. No appeal of that removal was filed with the PJC. Moreover, on February 18, 2025, the clerk of the Beverly Heights Church session notified the PJC that, on February 15, 2025, the Respondent voted “to formally acknowledge the departure of Beverly Heights Presbyterian Church from the EPC.” Thus, the clerk concluded, “it is our understanding from the [Respondent] that Beverly Heights Presbyterian Church no longer has standing nor membership in the EPC and is not an independent congregation. …. [A]s an independent congregation, we will no longer pursue or respond to any complaints filed previously with the Permanent Judicial Commission of the EPC.” See Exhibit I – PJC Order dated February 26, 2025.

6. Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Case VI)

• To SUSTAIN the PJC’s January 31, 2025 Order (a) striking a portion of the Complainant’s fifth complaint under Book of Discipline section 14-8A.2; (b) subject to such modification, finding that the complaint states grounds on which relief may be granted; (c) ordering the Respondent (1) to appoint one or more representatives to defend the complaint, (2) to direct its appointed representative(s) to file with the PJC an answer to the complaint no later than midnight on Tuesday, February 18, 2025, and (3) to provide the record of the case are required in Book of Discipline section 14-8C; and (d) ordering the Complainant not to hold, and the Respondent not to require the Complainant to hold, any additional votes or gatherings under Book of Government section 5-10 without leave of the PJC. See Exhibit J – PJC Order dated January 31, 2025.
• To SUSTAIN the PJC’s February 26, 2025 Order dismissing the Complainant’s sixth complaint for lack of standing. See Exhibit K – PJC Order dated February 26, 2025.

7. Session of Beverly Heights Church, et al v. Presbytery of the Alleghenies (Case VII)

• To SUSTAIN the PJC’s February 26, 2025 Order dismissing the Complainant’s seventh complaint for lack of standing. See Exhibit L – PJC Order dated February 26, 2025.

RECOMMENDATION 

The Permanent Judicial Commission recommends that the 45th General Assembly adopt the recommendation to amend the Act of Assembly 12-11 as presented in recommendation 45-41.

Rationale: The PJC finds the proposed amendment meets the standards of clarity, consistency of language, and compatibility with the other provisions of the Constitution of the Evangelical Presbyterian Church.

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COMMITTEE MEMBERS

Barton Kimbro
TE, Presbytery of the Central South

Ed McCallum
TE, Presbytery of the West

Gordon Miller
RE, Presbytery of the New River

Tom Werner
RE, Presbytery of Midwest

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MEETING DATES

July 31, 2024: Video Conference
October 23, 2024: Video Conference
December 19, 2024: Video Conference
January 10, 2025: Video Conference
January 23, 2025: Video Conferenece 
February 26, 2025: Video Conference 
May 7, 2025: Video Conference 
May 23, 2025: Video Conference 

Respectfully submitted,

Forrest Norman, Chairman
June 2025

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