As many matters come before Ethics which are not properly Ethics but civil matters (Le., between other persons), a Chaplain’s Court Unit is formed in Division 6, Dept 18, as part of Section 5, The Chaplain’s Section, which is formed herewith in Div 6 and abolished in Div 5.
The Chaplain is transferred to this Section and is its Section Officer.
A permanent presiding justiciary who must be a minister may be appointed called an Arbiter where activities warrant.
The Chaplain (or the permanent or part time assisting Arbiter) presides over all Court Hearings and renders judgment.
The organization of this activity is similar to any civil proceedings and may, when conditions warrant, have clerks and other personnel.
The court may charge reasonable fees and has these as its statistic.
Only Civil Matters may be heard or judged.
All Ethics matters must be referred to Ethics.
Reasonably priced and easily obtained justice are requisites to any civilization.
The purpose of the Chaplain’s Court Unit is to resolve matters of dispute between individuals.
Staff personnel, pcs, students and Scientologists may utilize this Court Unit to resolve their own disputes or legal affairs.
Staff members may not be sued by reason of performance of their org duties, as this belongs to Ethics where such complaint may be made.
Any suit filed must be against the person who actually personally knew and damaged the individual suing by an action directed personally against the plaintiff, except for suits to remove Ethics orders.
The org, a division, department or section may only be sued to obtain restoration of status, to revoke or alter Ethics orders or obtain service which was denied such as auditing time to right an omission. The org or any part of it may not be sued for financial damages or refund.
Preliminary hearings only can be given in divorce matters at this time as these must also have state action before any such findings can be considered legal in the eyes of the state. However, separation may be found, both parties consenting.
Collection of debt and remedy in defaulting on obligation may be sought from the court.
If a person who is sued has reason, he can, as defendant, require damages in his rebuttal and should the suit be fallacious and found against the plaintiff such may be awarded.
Costs may be recovered as part of damages, meaning costs of court action.
Any damages assigned by the Court must be reasonable and in keeping with reality.
Ethics may route civil matters to the Chaplain’s Court Unit.
In return in matters of perjury or the collection of damages awarded by the Court, the Court Unit may refer the matter to Ethics.
Suits for refund fees may not be filed as this is an Ethics matter.
Suits against LRH or the Guardian, board members, executive secretaries or secretaries are not accepted by the Court.
HCO may be sued in the Court for erroneous issue of an Ethics Order and for no other action. Damages requested may not exceed $5 or an order apologizing or restoration of status.
All bonus matters or disputes between or amongst Tech, Qual and Treasury or their personnel may be heard by the Court Unit.
Personal disputes between staff members even when org business is concerned may be heard by the Chaplain’s Court.
Failure to abide by a Court Finding may become an Ethics matter.
When requested and allowed by the Chaplain, a jury of three persons may be chosen and used. The persons chosen must be agreed upon by both litigants.
Anyone may act as an attorney in the Court Unit.
Professional attorneys may appear before it.
No attorney is required.
All procedures for the Chaplain’s Court Unit are developed by and all magisterial appointments are made by the Chaplain in the form of Distribution Division Sec Eds. All fees are set in this manner. The Chaplain and the Court and such Sec Eds may be over-ruled only by the Guardian or an Assistant Guardian or, when ordered, standardized amongst orgs by the Org Exec Sec WW.