Public Witness Bail Fund
USE OF FUNDS
Please note that the text below is what was presented to the Northwest Synod of Wisconsin Synod Council for action on 19 September 2026.
Currently an ELCA Federal Credit Union savings account has been designated to receive funds. All of the funds and the donor list will be transferred to the synod at the soonest available opportunity. In the spirit of transparency, particularly regarding that eventual transfer, anonymous donations cannot be accepted. Please put "Public Witness Bail Fund" in comments.
If you need bail or want to contribute to a bail fund for clergy and/or congregational leaders, please read the proposed guidelines on the Bail Fund page. Should we find ourselves in a time when this fund is no longer needed, the entirety of the account will be donated to Neighbor to Neighbor and/or the Synod Endowment fund.
Currently an ELCA Federal Credit Union savings account has been designated to receive funds. All of the funds and the donor list will be transferred to the synod at the soonest available opportunity. In the spirit of transparency, particularly regarding that eventual transfer, anonymous donations cannot be accepted. Please put "Public Witness Bail Fund" in comments.
If you need bail or want to contribute to a bail fund for clergy and/or congregational leaders, please read the proposed guidelines on the Bail Fund page. Should we find ourselves in a time when this fund is no longer needed, the entirety of the account will be donated to Neighbor to Neighbor and/or the Synod Endowment fund.
Please use the contact form or call me directly if you are in need of bail.
I will follow the guidelines of this document in any use of this fund. Certain nuances are synod-specific.
If anyone would like to oversee this fund and/or its use with me, I am MORE than happy to talk to you!
PROPOSAL TO ESTABLISH A CLERGY PUBLIC WITNESS BAIL RECOVERY FUNDTO: ELCA Northwest Synod of Wisconsin Synod CouncilFROM: Rev. Sara S. V. BishopDATE: August 28, 2026RE: Creation and Funding of a Dedicated Clergy Bail Account.
I. EXECUTIVE SUMMARY• Action Requested: Approval to establish a designated, restricted legal defenseand bail account.• Purpose: To provide immediate financial resources for bail rostered ministers and authorized lay leaders (protesting on behalf or as a part of a congregationally organized activity) arrested while engaging in peaceful, faith-led civil disobedience, disorderly conduct, trespassing, unlawful assembly, and/or resisting arrest.• Initial Funding Target: $500 (average bail) will be donated and allocated for this purpose. Approval of the fund will allow others to contribute to the same.• Oversight: Managed by the presiding Bishop, and a minimum of two people appointed by the governing body in consultation with legal counsel or as determined by the council.
II. THEOLOGICAL JUSTIFICATION: THE CALL TO PUBLIC WITNESSAND CIVIL RESISTANCE • This fund is grounded directly in the social teachings of the Evangelical LutheranChurch in America (ELCA), specifically the social statement "Faith and Civic Life:Seeking the Well-being of All". This document explicitly outlines the Church's responsibility to engage the state through both cooperation and, when necessary, resistance.• Political Engagement as an Act of Discipleship and Neighbor Love: The ELCA teaches that our baptismal covenant "pushes us into engagement with society rather than out of it." Far from being a secular distraction, political engagement is recognized as "a means of channeling God's love through civic participation." When rostered ministers put their bodies on the line to protest in justice, they are exercising "neighbor love and serving neighbor justice." TheChurch is theologically bound to support its leaders when their discipleship manifests as physical, public witness.• The Mandate to Hold Government Accountable: The ELCA social statement affirms that while government is a gift from Godintended to foster good order, all human institutions are corrupted by sin. Consequently, Lutherans must approach civil authority with both "respect and vigilance." The statement explicitly commands the Church to be a "public witness, holding leaders accountable when they fail to protect the vulnerable. "When civil laws perpetuate social oppression or degrade human dignity, peaceful civil disobedience becomes a faithful mechanism for "questioning or resisting abuses of power."• The Pursuit of Shalom over Subservience:The biblical touchstone for evaluating all civic and political life is shalom—a holistic peace encompassing justice, human joy, and mutual flourishing. The ELCA framework rejects the idea that a Christian's ultimate loyalty belongs to any legal code, political party, or national ideology. When a conflict arises between state-enforced compliance and the pursuit of shalom, the gospel demands that we prioritize the well-being of the marginalized.• The Church's Corporate Solidarity: Because the ELCA social statement positions civic life as an interconnected arena of Christian discipleship, an arrest for faith-led civil disobedience is not merely a private, individual matter. It is a public manifestation of the Church’s corporate witness. Providing a funded bail account is an act of ecclesial solidarity, ensuring that financial penalties do not silence or suppress the prophetic voice that this church body is collectively called to lift up.
ADDITIONALLY,• The Two Kingdoms Doctrine: Martin Luther’s framework affirms that God rules the world through two distinct realms: the spiritual (the Church) and the temporal(civil government). While Christians owe a general duty of obedience to temporal authorities to maintain civic order (Romans 13), this obedience is conditional, not absolute.• The Limit of Civil Obedience: Lutheran theology draws a strict boundary when civil laws conflict with God's mandates. Grounded in Acts 5:29 ("We must obey God rather than any human authority"), the Church is called to resist state actions that perpetuate systemic injustice or violate the Gospel. Civil disobedience, when undertaken peacefully and out of love for the neighbor, is an act of faithfulness to the temporal realm by holding it accountable to divine justice.• The Prophetic Office and the Care of the Neighbor: Luther’s Large Catechism interpretation of the Fifth Commandment ("You shall not murder") asserts that we hurt our neighbor not only by doing evil, but also by failing to prevent evil when we have the power to do so. Clergy engaging in civil disobedience are acting out of this bound duty to protect the vulnerable. The Church, as theBody of Christ, has a theological obligation to support its public ministers when they enflesh this prophetic witness.
III. LEGAL JUSTIFICATION AND WISCONSIN COMPLIANCE• Legal Segregation of Funds: To ensure strict compliance with Wisconsin financial and tax laws, the Fund will be established as a restricted, designated asset account within the existing ecclesiastical structure. This ensures that: Monies are legally insulated from general operating liabilities. Donations remain tax-deductible under Internal Revenue Code Section501(c)(3) because the fund supports an established ministry of the church body. • Bail Retention and Recovery: Under Wisconsin law, bail (cash bond) posted by a third party is subject to specific statutory conditions:o Wisconsin Statute § 969.02 & § 969.03: Cash bonds are held by the Clerk of Courts to guarantee appearance. Asset Reclamation: Upon the disposition of the criminal case, cash bonds are returned to the depositor (the Fund), minus any court-ordered fees or surcharges. The Fund will utilize formal Assignment of Cash Bond forms to ensure all returned bail money reverts directly back to the restricted account, maintaining long-term fund sustainability.• No Indemnification of Illegality: The Fund does not incentivize illegal acts; rather, it ensures constitutional protections (the Eighth Amendment right against excessive bail) and due process for clergy members during the pendency of their cases.
IV. OPERATIONAL STRUCTURE AND GOVERNANCE• Account Administration: The Fund will be managed by by the presiding Bishop, and a minimum of two people appointed by the Synod Council, to ensure it is only for this limited purpose.• Eligibility Criteria for Disbursement: Assistance will be granted only if the arrest meets the following criteria: The individual is a rostered minister or authorized lay leader in good standing. The action was a peaceful, non-violent witness aligned with the social statements/teachings of this church body. If the individual is a lay leader, they are arrested while participating in an action that is part of their call in the congregation (eg: social justice ministry), an activity organized by the congregation, or if the members have sent a group to represent their congregation publicly. • Termination of Fund: The Fund will cease to exist, and the balance of the fund donated to the Northwest Synod of Wisconsin Neighbor to Neighbor ministry and/or the Endowment fund when the public call for resistance and disruption is no longer a visible part of public life for two full calendar years. Maximum Cap Per Incident: To preserve fund longevity, a cap per individual per incident may be enforced for cash bond. A list of available legal counsel for initial emergency legal consultation may be provided but is not guaranteed.
V. ACCOUNTING AND RECONCILIATION PROTOCOLS • Restricted Asset Ledger: The account may be audited annually as part of the standard synodical/parish audit process.• Refunding Mechanism: All legal defense agreements signed by participating clergy will include a mandatory clause requiring them to cooperate fully with court appearances to avoid bond forfeiture. If a bond is forfeited due to a non-appearance, the individual may be held personally liable to reimburse the Fund.
VI. RESOLUTION FOR APPROVALWHEREAS, God calls the Church to speak truth to power and stand in solidarity with the oppressed, a calling which occasionally compels public ministers to engage in peaceful civil disobedience; andWHEREAS, our Lutheran confessions acknowledge that civil authority is limited by the supreme law of God’s love and justice; and WHEREAS, the financial burden of cash bail can impede or penalize faithful prophetic witness; therefore, be it RESOLVED, that the Northwest Synod of Wisconsin hereby establishes the Clergy Public Witness Bail Recovery Fund as a restricted asset account; and be it furtherRESOLVED, that an initial allocation of $500 be donated to this account by Rev. Sara S.V. Bishop, and that two people be designated the governing body for disbursement of these funds in the event of bail need.
I. EXECUTIVE SUMMARY• Action Requested: Approval to establish a designated, restricted legal defenseand bail account.• Purpose: To provide immediate financial resources for bail rostered ministers and authorized lay leaders (protesting on behalf or as a part of a congregationally organized activity) arrested while engaging in peaceful, faith-led civil disobedience, disorderly conduct, trespassing, unlawful assembly, and/or resisting arrest.• Initial Funding Target: $500 (average bail) will be donated and allocated for this purpose. Approval of the fund will allow others to contribute to the same.• Oversight: Managed by the presiding Bishop, and a minimum of two people appointed by the governing body in consultation with legal counsel or as determined by the council.
II. THEOLOGICAL JUSTIFICATION: THE CALL TO PUBLIC WITNESSAND CIVIL RESISTANCE • This fund is grounded directly in the social teachings of the Evangelical LutheranChurch in America (ELCA), specifically the social statement "Faith and Civic Life:Seeking the Well-being of All". This document explicitly outlines the Church's responsibility to engage the state through both cooperation and, when necessary, resistance.• Political Engagement as an Act of Discipleship and Neighbor Love: The ELCA teaches that our baptismal covenant "pushes us into engagement with society rather than out of it." Far from being a secular distraction, political engagement is recognized as "a means of channeling God's love through civic participation." When rostered ministers put their bodies on the line to protest in justice, they are exercising "neighbor love and serving neighbor justice." TheChurch is theologically bound to support its leaders when their discipleship manifests as physical, public witness.• The Mandate to Hold Government Accountable: The ELCA social statement affirms that while government is a gift from Godintended to foster good order, all human institutions are corrupted by sin. Consequently, Lutherans must approach civil authority with both "respect and vigilance." The statement explicitly commands the Church to be a "public witness, holding leaders accountable when they fail to protect the vulnerable. "When civil laws perpetuate social oppression or degrade human dignity, peaceful civil disobedience becomes a faithful mechanism for "questioning or resisting abuses of power."• The Pursuit of Shalom over Subservience:The biblical touchstone for evaluating all civic and political life is shalom—a holistic peace encompassing justice, human joy, and mutual flourishing. The ELCA framework rejects the idea that a Christian's ultimate loyalty belongs to any legal code, political party, or national ideology. When a conflict arises between state-enforced compliance and the pursuit of shalom, the gospel demands that we prioritize the well-being of the marginalized.• The Church's Corporate Solidarity: Because the ELCA social statement positions civic life as an interconnected arena of Christian discipleship, an arrest for faith-led civil disobedience is not merely a private, individual matter. It is a public manifestation of the Church’s corporate witness. Providing a funded bail account is an act of ecclesial solidarity, ensuring that financial penalties do not silence or suppress the prophetic voice that this church body is collectively called to lift up.
ADDITIONALLY,• The Two Kingdoms Doctrine: Martin Luther’s framework affirms that God rules the world through two distinct realms: the spiritual (the Church) and the temporal(civil government). While Christians owe a general duty of obedience to temporal authorities to maintain civic order (Romans 13), this obedience is conditional, not absolute.• The Limit of Civil Obedience: Lutheran theology draws a strict boundary when civil laws conflict with God's mandates. Grounded in Acts 5:29 ("We must obey God rather than any human authority"), the Church is called to resist state actions that perpetuate systemic injustice or violate the Gospel. Civil disobedience, when undertaken peacefully and out of love for the neighbor, is an act of faithfulness to the temporal realm by holding it accountable to divine justice.• The Prophetic Office and the Care of the Neighbor: Luther’s Large Catechism interpretation of the Fifth Commandment ("You shall not murder") asserts that we hurt our neighbor not only by doing evil, but also by failing to prevent evil when we have the power to do so. Clergy engaging in civil disobedience are acting out of this bound duty to protect the vulnerable. The Church, as theBody of Christ, has a theological obligation to support its public ministers when they enflesh this prophetic witness.
III. LEGAL JUSTIFICATION AND WISCONSIN COMPLIANCE• Legal Segregation of Funds: To ensure strict compliance with Wisconsin financial and tax laws, the Fund will be established as a restricted, designated asset account within the existing ecclesiastical structure. This ensures that: Monies are legally insulated from general operating liabilities. Donations remain tax-deductible under Internal Revenue Code Section501(c)(3) because the fund supports an established ministry of the church body. • Bail Retention and Recovery: Under Wisconsin law, bail (cash bond) posted by a third party is subject to specific statutory conditions:o Wisconsin Statute § 969.02 & § 969.03: Cash bonds are held by the Clerk of Courts to guarantee appearance. Asset Reclamation: Upon the disposition of the criminal case, cash bonds are returned to the depositor (the Fund), minus any court-ordered fees or surcharges. The Fund will utilize formal Assignment of Cash Bond forms to ensure all returned bail money reverts directly back to the restricted account, maintaining long-term fund sustainability.• No Indemnification of Illegality: The Fund does not incentivize illegal acts; rather, it ensures constitutional protections (the Eighth Amendment right against excessive bail) and due process for clergy members during the pendency of their cases.
IV. OPERATIONAL STRUCTURE AND GOVERNANCE• Account Administration: The Fund will be managed by by the presiding Bishop, and a minimum of two people appointed by the Synod Council, to ensure it is only for this limited purpose.• Eligibility Criteria for Disbursement: Assistance will be granted only if the arrest meets the following criteria: The individual is a rostered minister or authorized lay leader in good standing. The action was a peaceful, non-violent witness aligned with the social statements/teachings of this church body. If the individual is a lay leader, they are arrested while participating in an action that is part of their call in the congregation (eg: social justice ministry), an activity organized by the congregation, or if the members have sent a group to represent their congregation publicly. • Termination of Fund: The Fund will cease to exist, and the balance of the fund donated to the Northwest Synod of Wisconsin Neighbor to Neighbor ministry and/or the Endowment fund when the public call for resistance and disruption is no longer a visible part of public life for two full calendar years. Maximum Cap Per Incident: To preserve fund longevity, a cap per individual per incident may be enforced for cash bond. A list of available legal counsel for initial emergency legal consultation may be provided but is not guaranteed.
V. ACCOUNTING AND RECONCILIATION PROTOCOLS • Restricted Asset Ledger: The account may be audited annually as part of the standard synodical/parish audit process.• Refunding Mechanism: All legal defense agreements signed by participating clergy will include a mandatory clause requiring them to cooperate fully with court appearances to avoid bond forfeiture. If a bond is forfeited due to a non-appearance, the individual may be held personally liable to reimburse the Fund.
VI. RESOLUTION FOR APPROVALWHEREAS, God calls the Church to speak truth to power and stand in solidarity with the oppressed, a calling which occasionally compels public ministers to engage in peaceful civil disobedience; andWHEREAS, our Lutheran confessions acknowledge that civil authority is limited by the supreme law of God’s love and justice; and WHEREAS, the financial burden of cash bail can impede or penalize faithful prophetic witness; therefore, be it RESOLVED, that the Northwest Synod of Wisconsin hereby establishes the Clergy Public Witness Bail Recovery Fund as a restricted asset account; and be it furtherRESOLVED, that an initial allocation of $500 be donated to this account by Rev. Sara S.V. Bishop, and that two people be designated the governing body for disbursement of these funds in the event of bail need.