By
Rado Vleugel

This Watchtower letter, send on July 1, 1989 to
all bodies of elders in the United States shows that the police
isn’t the best friend of the Watchtower Society.

The letter writes:

"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."

What do you have to hide if you obey Caesar’s laws?

Below is the complete letter:

WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.25 COLUMBIA
HEIGHTS, BROOKLYN, NEW YORK 11201, USA PHONE (718) 625-3600

July 1, 1989

BODIES OF ELDERS IN THE UNITED STATES

CONFIDENTIAL

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
presiding overseer should arrange for a special meeting of the body
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 the 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 "your words should prove to be few." (Ecclesiastes
3:7; 5:2) Proverbs 10:19 warns: "In the abundance of words
there does not fail to be transgression, but the one keeping his
lips in check is acting discreetly." Problems are created when
elders unwisely reveal matters that should be kept confidential.
Elders must give special heed to the counsel: "Do not reveal
the confidential talk of another." (Proverbs 25:9) Often the
peace, unity, and 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 others 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 should be in line with David’s
words: "I will set a muzzle as a guard to my own mouth, as
long as anyone wicked is in front of me."-Psalm 39:1.

TO ALL BODIES OF ELDERS July 1, 1989 Page 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
result of the misuse of the tongue. As elders, remember that ill-advised
statements or actions on your part can sometimes be interpreted
legally as violating others’ "rights."

The need for elders to maintain strict confidentiality has been
repeatedly stressed. Please see The Watchtower of April l, 1971,
pages 222-4, and September I, 1987, pages 12-15. The September 1977
OUR KINGDOM SERVICE, page 6, paragraph 36, and the ks7J text- book
, page 65, also "provide helpful direction and counsel. That
material strongly emphasized the elders’ responsibility to avoid
revealing confidential information 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. WHAT TO DO IN SPECIFIC CASES

II. A. Judicial Committee Matters

Judicial committees must follow carefully the Society’s instructions
in carrying out their duties. (Note ks77, pages 66-70; ks81, pages
160-70.) Anything submitted in writing 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 chair- man 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 resumes.
Upon conclusion of the case, the chairman should place 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 committee will
ever allow judicial proceedings to be tape recorded or allow witnesses
testifying before the committee to take notes.

TO ALL BODIES OF ELDERS July 1, 1989 Page 3

B. 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," AYl.Qk..e.1- 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. How- ever,
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 notice 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 Department. If for some
reason the Legal Department cannot be contacted, the elders involved
should make every effort to obtain the assistance of a local attorney
for the purpose of protecting the confidentiality of the records.
It may be impossible to stop determined officers from conducting
the search authorized by the warrant. Conscientious elders will
want to do all they reasonably and 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 appearance or for
the appearance 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 immediately. Never
turn over records, notes, documents, or reveal any confidential
matter sought by subpoena without receiving direction from the Legal
Department.

D. Crimes and Criminal Investigations

In some cases the elders will form judicial committees to handle
alleged 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.

TO ALL BODIES OF ELDERS July I, 1989 Page 4

If the alleged wrongdoer confesses to the sin (crime), no one else
should be present besides the members of the committee. When evidence
supports the accusation but genuine repentance is not displayed
resulting in a decision to disfellowship, this should be handled
in the normal course regarding advice of appeal rights and announcements
to the congregation. In cases of serious criminal wrongdoing (e.g.,
murder, rape, etc.), or where the criminal conduct is widely known
in the community, the body of elders should contact the Society
before proceeding with the judicial committee process.

E~ When Servants and Publishers Move

A considerable number of publishers, including elders and ministerial
servants move from one congregation to another. Sometimes the circumstances
surrounding their departure are

unsettled. Some appointed brothers may be experiencing problems
that have brought their qualifications into question. It is not
uncommon for a body of elders to hold back in giving counsel, allowing
a brother to move without discussing his problem. Thereafter, they
decline to recommend his reappointment in his new congregation.
Often such a brother protests, requiring extensive correspondence
between the bodies of elders. Much personal, and sometimes embar-
rassing, information must then be passed on. Such mishandling of
things greatly increases the potential for serious repercussions.
Problems can be avoided by the body of elders assuming its responsibility
to inform a brother that he will not be favorably recommended, fully
explaining the reasons why. Every effort should be made to resolve
any difference before he leaves, eliminating any need for controversy
involving his new congregation. The body should assign two elders
to meet with him before he moves, letting him know whether they
are recommending him to the new congregation.

This would likewise apply to publishers who move at a time when
their personal conduct requires investigation by the elders. If
serious accusations of wrongdoing have been made against an

individual and he moves to another congregation before matters are
finalized, usually it is best for the elders in the original congregation
to follow through in handling matters, if possible and if distance
permits. They are acquainted with the individual and the circumstances
surrounding the alleged wrongdoing; this ordinarily puts them in
the best position to get the facts and to handle the case. Handling
matters in this way will eliminate the need to reveal confidential
information unnecessarily about the private lives of individuals.

F. When Lawsuits Are Threatened

If the congregation or the elders (in their capacity as elders)
are threatened with a lawsuit, the Society’s Legal Department should
be contacted immediately. No statements should be made by any member
of the body of elders about the merits or validity of an actual
or threatened lawsuit without authorization 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
custody in a divorce proceeding. If the parental rights of such
is 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 Department about a specific
case, please provide the following information:

I. The names of the parents and their attorneys.

2. The number of children involved and their ages.

3. A brief description of the facts, including the presence of apostates.

40 An assessment of the Christian parent’s spiritual condition–Is
he or she new in the truth? Active? Inactive? Balanced?

5. The status of the legal proceedings–Has the matter gone to trial?
Has the trial date been set? If so, when?

II. POINTS TO REMEMBER

A. Appreciate 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 Make Statements to Secular Authorities Until You Receive
Legal Advice from the Society

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.

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 ks77, pages 68-9.) Nothing should be put in writing
to any disfellowshipped person to advise him of his status or the
‘reasons for it without specific direction from the Society. The
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
~, 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. (I 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.–l Peter 5:1-3.

Your brothers,

WTBS

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 congregation’s
confidential files for any future reference that may be required
by the body of elders.