From the Worldwide Faith News archives www.wfn.org


Judicial Council rules on logo, other issues


From NewsDesk <NewsDesk@UMCOM.UMC.ORG>
Date 27 Apr 1998 14:24:02

April 27, 1998	  Contact: Joretta Purdue*(202)546-8722*Washington
{255}

NOTE: This story accompanies UMNS #254.

By United Methodist News Service

SEATTLE  - Two plans for restructuring annual conferences were voided by
the United Methodist Judicial Council, the denomination's highest court,
but other decisions made at the panel's April 22-25 session may have
far-reaching consequences also.

Financial decision-making was considered in two of the cases. Other
rulings dealt with questions regarding the use of the church's
cross-and-flame logo, the legality of a conference resolution on
partial-birth abortion, a review of a conference sexual ethics policy,
and issues of fair process in clergy status and disciplinary matters.

As to restructuring, the council used cases from the Northern Illinois
and Kansas West annual conferences to repeat warnings that it had made
in a decision last fall. The council had ruled that conferences could
not restructure until the General Conference passed enabling legislation
for a 1996 constitutional amendment. The conference is the
denomination's highest legislative body.
Kansas West had deferred implementation of its plan pending a ruling,
but Northern Illinois - which had already implemented significant change
- was instructed to revert back to its previous structure. (See UMNS
story #254.)

The Judicial Council made decisions on a wide range of other issues at
its spring session:

*	The United Methodist General Council on Finance and
Administration (GCFA) asked the council to decide what an "official
United Methodist agency" is in the context of church law governing who
may use the denomination's cross-and-flame logo. Mary Logan, general
counsel to GCFA, presented an oral argument that was unopposed. The
council ruled that official agencies are organizations authorized by a
proper authority within the church. This means that United Methodist
churches, districts and other levels of church organization mentioned in
the Book of Discipline may use it. However, for example, an association
of United Methodist churches could not use it if the association is not
an official agency, the council said. The council noted that "these
restrictions, while distressing to some unofficial organizations,
protect the symbol of The United Methodist Church . . ."

*	The council agreed with the bishop of  the Memphis Annual
(regional) Conference in a case involving apportionments, which are the
amounts that local churches pay to support denominational ministries.
Bishop Kenneth L. Carder had ruled last year that  the conference's
practice of  capping the percentage of change of apportionments was
legal unless it resulted in a total allocation that was less than the
full amount set by the General Conference. Judical Council member John
G. Corry, a clergy member in Bishop Carder's area, recused himself from
the case.

*	The North Carolina Annual Conference asked for a decision on
whether it could assign the funding of "past service liability" to local
churches as a separate apportionment, and if that could be designated a
"prior claim," to be paid before other items in the same category. Past
service liability refers to the underfunding in earlier decades of  the
clergy members' pension fund. The Judicial Council said the
denomination's lawbook, the Book of Discipline, does not prohibit the
method adopted by the North Carolina Annual Conference. However, the
council also ruled that the Discipline has no provision for items placed
in the same category of funding to be treated as "prior claims."

*	The Norway Annual Conference, a member of the Northern Europe
Central Conference, had asked if it could meet every other year instead
of annually. The request was aimed at assisting members, who must use
one-third of their annual leave for the session, and at conserving
conference funds. The council replied that there is no authority for an
annual conference to meet less often than yearly.

*	In the North Carolina Annual Conference, a master of divinity
degree has been required since 1975 for ordination as an elder in "full
connection" with the annual conference, but the Judicial Council
declared this practice "unconstitutionally negates General Conference
legislation, which gives local pastors an alternative educational route
to full connection." A concurring opinion signed by most of the council
warned annual conferences that they could only expand on requirements
for ordination and conference membership when General Conference
legislation clearly indicated a minimum requirement, such as by using
the words "at least."

*	The Alaska Missionary Conference had requested rulings on three
questions related to membership. Its first query was rendered moot by a
decision of the council last fall, which turned back all references to
membership in the 1996 Discipline to those found in the 1992 Discipline
because of problems in the new legislation. In its second ruling, the
council said  that exceeding the Discipline's qualifications for
election of lay members to an annual conference is unconstitutional. The
council noted that the General Conference may not add to the
qualifications for election to office that are spelled out in the United
Methodist constitution. The council also said the phrase "and of the
local church from which they are elected" was included in both the 1996
and 1992 Disciplines by mistake; an earlier decision by the Judicial
Council had declared the phrase unconstitutional.

*	The council ruled that the West Virginia Annual Conference's
resolution condemning partial-birth abortions conformed to only part of
the church's position. The resolution overlooked the section regarding
the life and well-being of the mother. The ruling reversed Bishop S.
Clifton Ives' decision that the resolution was in conformity with the
Discipline.

*	The Rev. Cathleen Coots of Chino, Calif., presented an oral
argument for the Clergy Sexual Ethics Policy of the California-Pacific
Annual Conference. A form offered by the conference a year ago had been
rejected by the council. This time, the new policy was approved, with
amendments added by the council.

*	Bishop Hae Jong Kim and the North Central New York Annual
Conference were advised in a memorandum that the Judicial Council does
not have jurisdiction in a personnel matter because the clergy person in
the case had forfeited his right to appeal. "For the same reason," the
council said, "the bishop did not have authority to render a decision of
law in this matter."

*	In reviewing a decision of law by Bishop Joe A. Wilson in the
Central Texas Conference relating to fair process in the surrender of
clergy credentials, the council upheld the bishop's ruling that the
questions asked of him were hypothetical and therefore did not need an
answer.

*	The council issued a memorandum in a personnel matter from the
New England Annual Conference. The person involved did not meet the
requirement in the Discipline that within 30 days after a clergy
person's trial, the presiding officer of the trial court must be
notified of the intention to appeal. There can be no deviation from this
requirement, the court ruled. Oral arguments were presented by Sven D.
Wiberg, an attorney representing the person seeking to appeal, and
Thomas W. Porter, conference chancellor.

*	Bishop Joel Martinez' decisions on questions related to the
"discontinuance," or rejection, of a probationary member by the Nebraska
Annual Conference were affirmed. The council agreed that questions
relating to administrative actions by properly constituted bodies are
not proper questions of law for substantive answers by a bishop. Such
questions, it said, must be raised in a timely manner with the presiding
officer of such body and pursued through an appeal. Council member C.
Rex Bevins, a clergy member of the conference, recused himself from the
case.

As reported earlier, the council also decided to hold a special session
Aug. 7-8 in Dallas to consider a question regarding the church's
prohibition of  homosexual union services performed by United Methodist
ministers.

United Methodist News Service
(615)742-5470
Releases and photos also available at
http://www.umc.org/umns/


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