Chapter 100

Procedure for Contempt

Except as provided in Subdivision 18 of this regulation, in any case where a Masonic offense is committed in open lodge at any communication, no formal charges or service of notice shall be necessary to give the lodge jurisdiction; but it attaches at once, and the Master shall direct the Secretary to enter on the minutes of the communication a brief statement of the facts constituting the offense, such as: "Brother E. F. appeared in open lodge in the state of intoxication", or "in open lodge did use profane language", or "refused to be in order when called to order by the Master." [62-2.4; 90-5].

1. The Master shall thereupon direct the accused to show cause immediately why he should not be punished for his conduct.

2. If no showing is made, the lodge shall proceed to punish the accused as hereinafter provided.

3. If a showing is made, and for this purpose the accused may make his oral explanation, together with any showing he may have, whether to excuse or to mitigate his offense, the Master shall then require the accused, his attorney, and witnesses, if any, to retire from the lodge. A Master Mason's lodge being then open or labor being resumed therein, the Master shall then inquire: "Brethren, is Brother E. F. excused?"

4. The answer shall be by written ballot with the words Yes or No, and a majority affirmative vote shall be required to excuse the brother. [63-2].

5. If the brother be excused, no further proceedings shall be had in the lodge, but an appeal may be taken as hereinafter provided.

6. In case of a conviction, that is, if the accused brother be not excused and where no punishment is prescribed by law, the Master shall immediately inquire: "Brethren, shall Brother E. F. be expelled?"

7. The answer shall be by written ballot, with the words Yes or No, and a majority affirmative vote shall be required to expel the brother. [63-2].

8. If there be a majority for expulsion, the Master shall declare the accused expelled, which fact shall be entered on the minutes of the communication and stand as the judgment of the lodge.

9. If the punishment be prescribed by law, then no ballot shall be taken on that question, but the Master shall pronounce the punishment according to law and that shall be entered on the minutes as the judgment of the lodge.

10. If less than a majority vote for expulsion and the law does not prescribe the punishment, then the Master shall inquire: "Shall Brother E. F. be suspended?", and the answer to this question shall be given in the same manner provided above for a vote of expulsion.

11. If the majority vote for suspension, then the Master shall say: "I will now hear motions for the period of suspension."

12. This question shall be answered by a motion with not more than three amendments or substitutes, which shall be adopted by a majority of the vote by written ballot, each member of the lodge shall write his personal decision on his ballot regardless of the said motions. The balloting shall continue until a decision shall be reached.

13. If there is a conviction and if there is not a majority vote for suspension, then without further action by the lodge the Master, or a brother designated by him, shall proceed to administer a reprimand, or the Secretary shall notify the brother to appear in open lodge for that purpose as early as practicable, the date to be fixed by the Master.

14. The Secretary shall notify the accused and the Grand Secretary immediately of the action taken by the lodge, and if the punishment is expulsion, he shall transmit six copies of the record to the Grand Secretary within ten days after the trial. If the accused is an Entered Apprentice or a Fellow Craft, the proceedings shall be held in a lodge of the highest degree he has received, up to the point of balloting on the guilt or innocence and on the punishment, which balloting shall be had in a Master Mason's lodge. [98-13; Official Form 27].

15. The word Master as used in this regulation shall also mean the brother presiding at the time.

16. The accused brother, or any member of the lodge in which such proceedings are had, who declares himself to be aggrieved at the decision of the lodge, may appeal to the Committee on Appeals of the Grand Lodge in the same manner as in other appeals and the procedure shall be as nearly as possible as provided in Chapter 98 on Appeals. [45-23.20;].

17. The summary procedure prescribed and authorized in this regulation shall be used only when the trial takes place at the same communication at which the offense in open lodge was committed.

18. It shall not be used against the Master of any lodge, nor any officer of the Grand Lodge during his term of office, or against any District Deputy Grand Master during his term of service. [90-7].

19. The neglect to proceed, as hereinbefore provided, shall not bar future charges for unmasonic conduct in the manner provided in this Trial Code.

In matters of discipline of officers or members of the Grand Lodge, or of brethren in attendance, for unmasonic conduct during a communication of the Grand Lodge whether during hours of labor or refreshment, it may try and punish, at its discretion, any such member or any brother in a summary manner or it may follow the procedure of the Trial Code so far as it may be made to apply to each case. [13-4.11].

In any proceedings before a Trial Commission in the event of any contemptuous conduct by any Mason thereat, whether associated or connected with the proceedings or otherwise, the Trial Commission may summarily punish such Mason, and the procedure prescribed in this chapter shall be observed so far as it may apply to such cases. [94-20].

For the purpose of this chapter, every member of the lodge present must vote unless excused by the lodge. The Master has no authority to excuse a member from voting. Blank ballots shall not be counted. This regulation shall apply to similar proceedings in the Grand Lodge. [36-10.3; 63-4].

In a proceeding under this chapter in a subordinate lodge, a brother who is suspended shall automatically be restored to membership in the lodge at the expiration of the term of suspension without further action by the lodge. The Secretary shall notify the Grand Secretary of such restoration. If he is expelled, restoration to membership shall be as provided in Chapter101. [Official Form 28].

The verdict or judgment of a lodge acting as Trial Commission under this chapter may be appealed to the Grand Lodge as provided for in other such cases, and the judgment rendered shall be certified by the Trial Commission in the same manner and to the same parties as in other judgments provided for in the Trial Code.