Robert's Rules of Order / Pocket Manual of Rules of Order for Deliberative Assemblies

by Henry M. Robert

Trial of Members of Societies. Every deliberative assembly, having the right to purify its own body, must therefore have the right to investigate the character of its members.

It can require any of them to testify in the case, under pain of expulsion if they refuse. In § 36 is shown the method of procedure when a member is charged with violating the rules of decorum in debate. If the disorderly words are of a personal nature, before the assembly proceeds to deliberate upon the case, both parties to the personality should retire. It is not necessary for the member objecting to the words to retire, unless he is personally involved in the case.

When the charge is against the member’s character, it is usually referred to a committee of investigation or discipline, or to some standing committee to report upon. Some societies have standing committees, whose duty it is to report cases for discipline whenever any are known to them.

In either case the committee investigate the matter and report to the society. This report need not go into details, but should contain their recommendations as to what action the society should take, and should usually close with resolutions covering the case, so that there is no need for any one to offer any additional resolutions upon it. The ordinary resolutions, where the member is recommended to be expelled, are (1) to fix the time to which the society shall adjourn; and (2) to instruct the clerk to cite the member to appear before the society at this adjourned meeting to show cause why he should not be expelled, upon the following charges, which should then be given.

After charges are preferred against a member and the assembly has ordered that he be cited to appear for trial, he is theoretically under arrest, and is deprived of all the rights of membership until his case is disposed of.

The clerk should send the accused a written notice to appear before the society at the time appointed, and should at the same time furnish him with a copy of the charges. A failure to obey the summons is generally cause enough for summary expulsion.

At the appointed meeting, what may be called the trial, takes place. Frequently the only evidence required against the member is the report of the committee. After it has been read and any additional evidence offered that the committee may see fit to introduce, the accused should be allowed to make an explanation and introduce witnesses if he so desires. Either party should be allowed to cross-examine the other’s witnesses and introduce rebutting testimony.

When the evidence is all in, the accused should retire from the room, and the society deliberate upon the question, and finally act by a vote upon the question of expulsion or other punishment proposed.

In acting upon the case, it must be borne in mind that there is a vast distinction between the evidence necessary to convict in a civil court and that required to convict in an ordinary society or ecclesiastical body. A notorious pickpocket could not even be arrested, much less convicted, by a civil court, simply on the ground of being commonly known as a pickpocket; while such evidence would convict and expel him from any ordinary society.

The moral conviction of the truth of the charge is all that is necessary in an ecclesiastical or other deliberative body, to find the accused guilty of the charges.