Chapter 43 : Complaints
Paragraph 1 : Complaint Defined

43-1. A complaint is a written representation made against some act or decision of a court of the Church. It is the right of any communing member of the Church in good standing to make complaint against any action of a court to whose jurisdiction he is subject, except that no complaint is allowable in a judicial case after process has commenced. If, at any time after process has commenced, a BCO 43-1 complaint is timely filed, the court’s adjudication shall be delayed until after the judicial case has been completed, or, if an appeal is filed, after it has been fully adjudicated or withdrawn. During judicial process, the accused may raise BCO 32-14 objections on a variety of matters and the original court shall decide each. Those decisions could be reviewable on appeal.

DIGEST : Provided above is the current PCA text for BCO 43-1, as adopted at the 52nd PCA General Assembly (2025). Prior to this most recent change, the text had read as follows:

43-1. A complaint is a written representation made against some act or decision of a court of the Church. It is the right of any communing member of the Church in good standing to make complaint against any action of a court to whose jurisdiction he is subject, except that no complaint is allowable in a judicial case in which an appeal is pending.

Previous changes in the PCA text are found in 1984 [M14GA, 12-14, Item 5, p. 89] and 2002 [M30GA, 30-10, Item 3, p. 65].

BACKGROUND AND COMPARISON :
1. PCA 1973, RoD, 17-1, Adopted text, as printed in the Minutes of General Assembly, p.154
2. Continuing Presbyterian Church 1973, RoD, 17-1, Proposed text, p. 59
3. PCUS 1933, RoD, XVII-§284
4. PCUS 1925, RoD, XVII-§284
A complaint is a written representation made to a higher court against some act or decision of a lower court. It is the right of any communing member of the church in good standing to make complaint against any action of a lower court to whose jurisdiction he is subject, except that no complaint is allowable in a judicial case in which an appeal is taken. A complaint shall not be made to any other court than the next higher, except with its consent.

PCUS 1879, Rules of Discipline, XIII-4-1
A complaint is a representation made to superior court against an inferior court. Any member of the Church, submitting to its authority, may complain against every species of decision, except where a party, against whom a decision has been rendered, takes his appeal against it. But the complaint shall not suspend, while pending, the effect of the decision complained of.

PCUS 1869 draft, Canons of Discipline, XIII-4-1
and
PCUS 1867 draft, Canons of Discipline, XIII-4-1
A complaint is a representation made to a superior against an inferior court. Any member of the church, submitting to its authority,
may complain against every species of decision, except where a party, against whom a judgment has been rendered, takes his appeal against it. But the complaint shall not suspend, while pending, the effect of the decision complained of.

PCUSA 1858 draft, Revised Book of Discipline, VIII-4-2
A complaint is a representation made to a superior by any member or members of a minority of an inferior judicatory, or by any other person or persons, respecting a decision by an inferior judicatory, which, in the opinion of the complainants, has been irregularly or unjustly made.

OTHER COMPARISONS :
OPC 2005, Book of Discipline, IX-1
A complaint is a written representation, other than an appeal or protest, charging a judicatory with delinquency or error. It may be brought by an officer or other member of the church against the session or the presbytery to which he is subject, by one session against another session, by a session against the presbytery which has jurisdiction over it, or by one presbytery against another presbytery.

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, pp. 252-254), on XIII-4-1 :
SECTION IV.--OF COMPLAINTS.
After stating the nature and effect of a complaint, and the requirement as to notice, the order of proceeding is laid down, and the sphere of action permissible to the superior court is given. there is added the rule for sending up the records.
§267.--I. A complaint is a representation made to superior court against an inferior court. Any member of the Church, submitting to its authority, may complain against every species of decision, except where a party, against whom a decision has been rendered, takes his appeal against it. But the complaint shall not suspend, while pending, the effect of the decision complained of.
A complaint differs from general review in these particulars: it may bring a decision made in a judicial case (except where an appeal is taken) as well as any other decision ; it brings the issue by express action of a party, and not by the records as a matter in course ; and it does not permit the inferior court to be censured for its decision. It differs from reference in these particulars: it brings an issue already decided ; and it is not the court itself that brings the issue. It differs from an appeal in these particulars: an appeal may be taken only from decisions in judicial processes, but a complaint may be taken against every sort of decision (for a complaint may be taken against a decision against which an appeal may be taken, if the appeal is not taken) ; an appeal may be taken only by the party condemned on trial, including a court, but a complaint may be taken by any person (though never by a court) who is a member of the Church and submissive to its authority ; and an appeal suspends partially the effect of the decision against which it is taken, but a complaint does not suspend the effect of this decision at all. But the essential difference is this: that an appeal removes the cause to the superior court without changing the parties, but a complaint presents an issue with new parties. True, the court complained of cannot be censured, nor the complainant ; for the complaint is not a continuance of process, as an appeal is ; and no party can be censured without process or confession. But the court, as judge, is a party. In an appeal, the court, as accuser, is a party, the appellee ; but in a complaint, the court, as judge, is a party, the respondent. In an appeal, the accused is a party, the accused ; but in a complaint, the accused is not a party at all. Even if the person that was accused should complain, he does not appear as the accused. And that a complaint is not judicial process is evident from these two considerations : that no one can be censured by the issue of a complaint ; and that questions that were not connected with a judicial cause may be the subjects of complaint.

COMMENTARY:
Morton H. Smith, Commentary on the Book of Church Order, 6th edition, 2007, p. 377-378.
Complaints differ from general review as follows:
1. It may bring a decision in a judicial case, except where an appeal has been filed, as well as any other decisions.
2. It comes as an action of a party, and not by the review of the records.
3. It does not permit the lower court to be censured for its action, without process.
Complaints differ from reference in these particulars:
1. It brings an issue already decided.
2. It is not brought by the court, but by member(s) of the court.
Complaints differ from appeals as follows:
1. A complaint can be made against every sort of action of the lower court, where an appeal can only be made against a
judicial process.
2. A complaint can be made against an action against which an appeal can be made, but only if no appeal has been made.
3. An appeal can be taken only by a party condemned on trial, but a complaint may be taken by any person who is a
member of the Church and submissive to its authority.
4. A complaint suspends the effect of the decisions against which it was taken, a complaint does not suspend the
action complained against, unless one-third of the court votes to suspend.
5. An appeal removes the case to the higher court without changing the parties. A complaint presents an issue with
new parties.
Ramsay has the following significant observations regarding the differences between complaints and appeals:
. . . the court complained of cannot be censured, nor the complainant; for the complaint is not a continuance of process, as
an appeal is; and no party can be censured without process or confession. But the court, as a judge, is a party. In an appeal,
the court, as accuser, is a party, the appellee; but in a complaint, the court, as judge, is a party, the respondent. In an appeal, the
accused is a party, the accused: but in a complaint, the accused is not a party at all. Even if the person that was accused should
complain, he does not appear as the accused. And that a complaint is not judicial process is evident from these two considerations:
that no one can be censured by the issue of a complaint; and that questions that were not connected with a judicial cause
may be the subjects of complaint, [7]

Constitutional Inquiry, 1986, p. 126,14-52,16. Digest, I, p. 288. That the answer o f the Permanent Committee concerning Constitutional Inquiry #8 from the Trinity Presbyterian Church, be ratified. 1986, p. 331, Appendix I, 8. Constitutional Inquiry Hi. From the Trinity Presbyterian Church. "1. Can a complaint be filed against the actions of a congregational meeting? (BCO 43-1) Is a congregational meeting considered a church court?'" ANSWER 1. No. The congregation is not a court of the church (BCO 10-2), and a complaint according to BCO 42 can only be lodged against a court of the Church. All matters before a congregational meeting are placed before the meeting by the Session (BCO 25:2), whether the meeting was called by the Session itself or by the Session at the request of the congregation. Complaints may be lodged against a decision of the Session to place a matter before a congregational meeting, or not to place a matter before the congregation. Similarly a complaint may be lodged against a decision of a Session to implement or not to implement an action of the congregation. Constitutional Advice, 1992, p. 267,20-75, Digest, I, p. 289. "Does a member of presbytery have a constitutional right to complain that presbytery has received a protest containing allegedly intemperate or slanderous language?" Response: Yes, BCO 43-1 states that a complaint is a written representation made against some act or decision of a court of the church. The decision to receive a protest is a decision or action of a court and, therefore, may be complained against. However, BCO 45-5 states that a protest must be couched in temperate language and be respectful to the court Therefore, although the recording of the protest itself is to end the matter, if a presbyter is convinced that the protest was not couched in temperate language or respectful to the court, he may complain against the action of the court in receiving it Here the matter that is complained against is new (i.e. intemperate language or disrespect) and is not a continuation of the matter about which the protest was submitted. (See Judicial Case 21, 1982, p. 58,10-12, F, Digest, I, pp. 321f.)