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United Methodist Judicial Council faces diverse issues this fall


From NewsDesk <NewsDesk@UMCOM.UMC.ORG>
Date 17 Aug 1999 12:18:44

Aug. 17, 1999	News media contact: Joretta Purdue*(202)546-8722*Washington
10-21-71B{426}

WASHINGTON (UMNS) -- When the United Methodist Judicial Council meets this
autumn, it will be asked to determine whether the open meetings legislation
in the denomination's rules applies to the Council of Bishops and official
organizations of the annual (regional) conferences.

This request for a declaratory decision comes to the council's Oct. 27-30
meeting in Evanston, Ill., from United Methodist Communications, the
churchwide agency charged with relating to the denominational and secular
media. The query originated as a resolution in the 1998 meeting of the
United Methodist Association of Communicators, which could not address the
council itself.

Six other requests for declaratory decisions are to be found among the 19
items on the docket. There are 10 reviews of legal rulings made by bishops
presiding at sessions of the various annual conferences. These reviews are
automatic.

The remaining items are reviews of the Minnesota Annual Conference's sexual
harassment policy and the revised structure plan adopted by the Louisiana
Annual Conference at its 1999 session. Both these matters have come before
the Judicial Council previously, and the council retained jurisdiction over
both while changes were being made.

Among the requests for declaratory decisions is one received from Kansas
East Annual Conference seeking a ruling on the constitutionality of the
conference's amended policy of sexual misconduct by clergy and policy on
sexual misconduct by lay church professionals.

California-Pacific Annual Conference has asked the council whether it is
legal for an annual conference to use the "discernment" model for
decision-making.

That conference has also requested a decision on the meaning, application
and effect of an amendment to the church's constitution that was ratified in
1997, which says, "The ordained ministerial delegates to the General
Conference and to the jurisdictional or central conferences shall be elected
by and from the ordained ministerial members in full connection with the
annual conference or provisional annual conference."

North Carolina Annual Conference is asking the council whether the
requirement that a local pastor be appointed to a pastoral charge by the
bishop to become a member of the annual conference violates a paragraph in
the church constitution's that deals with the voting rights of  the annual
conference and its clergy and lay members.

The South Carolina Annual Conference is seeking a decision on whether there
is a conflict between paragraph 323 of the 1996 Book of Discipline, which
outlines the ministry of elders, and paragraph 335.1(d), which describes
appointment to ministries beyond the local church.

Minnesota Annual Conference has requested a ruling on the constitutionality
of a paragraph in the Discipline that relates to correcting errors and
defects in the judicial proceedings.

Among the bishops' decisions of law to be reviewed at this council session
are the Northwest Texas Annual Conference bishop's decision requiring any
church adopting an identification label to reverse that action and the
Western Pennsylvania Annual Conference bishop's ruling on whether the
conference structure is in accordance with the 1996 Discipline.

The decision by the bishop in a Rocky Mountain Annual Conference session
regarding a petition on church inclusiveness will be reviewed - as will that
bishop's ruling on a plan for a conference board of stewards. 

Council members will review the decision of the bishop of the Alabama-West
Florida Annual Conference on whether or not the General Council on Finance
and Administration should stop all funds being paid to United Methodist
bishops who are trustees of Emory University and who voted in favor of
providing university benefits for same-sex domestic partners

Also to be determined is the validity of the Northern Illinois bishop's
decision related to a conference resolution titled "On Pastoral Ministry
with Homosexual Persons."

The council will consider a decision by the bishop of the Northern Illinois
Annual Conference related to the eligibility of a clergy member to be a
delegate to the 2000 General Conference - the denomination's highest
legislative assembly - while that clergy member is on suspension.

The West Michigan Annual Conference bishop's decision on questions of
procedures and church law regarding a clergy member placed on administrative
leave will be reviewed.

^From the 1999 session of the Western North Carolina Annual Conference will
come the bishop's decision regarding whether that session of annual
conference is bound by rules of order and procedure adopted by a previous
annual conference where the rules purport to set standing rules for all
future annual conferences.

In the Wisconsin Annual Conference session, the bishop ruled on whether
mandatory conference-wide insurance is legal and appropriate in light of
material in the Discipline about the powers and limitations of local church
boards of trustees.

Two requests for reconsideration have been received by the council.
Reconsideration is decided by mail ballot prior to the meeting

The Judicial Council usually meets semi-annually. Very rarely, a special
session may be called by the council. The council will be present throughout
the 2000 General Conference session to be held May 2-12 in Cleveland so that
it can make decisions when asked by the conference to do so.

# # #

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