wfn.org | Decision Quiets Charges

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"UNITED METHODIST DAILY NEWS" by SUSAN PEEK on Aug. 11, 1991 at 13:58 Eastern,
about FULL TEXT RELEASES FROM UNITED METHODIST NEWS SERVICE (2923 notes).

Note 2921 by SUSAN PEEK on April 26, 1996 at 11:44 Eastern (3501 characters).

SEARCH: judicial council, decision, judicial decision, court,
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059 {2923}                                          April 26, 1996

General Conference '96

Judicial Council Decision
Quiets Charges Against Bishop

     DENVER (UMNS) -- Charges pending in church courts against a
bishop in the Northeastern Jurisdiction were in effect terminated
by a decision April 25 of the United Methodist Judicial Council.

     The bishop was not named in the unanimous decision by the
court.  The alleged offenses involved sexual misconduct and abuse
of power of the office.

     The church's "supreme court" said the case was mishandled by
the jurisdiction's Review Committee in such a way as to violate
the accused's rights to fair process.  The court emphasized it was
offering "no opinion on the truth of the allegations. ... "

     Among other things, according to the court's opinion, some
grievances filed against the bishop had been judicially terminated
under the applicable statute of limitations and then refiled under
the title of "amended grievance" in such a way as to create double
jeopardy.  "Only material not barred by the statute of limitations
can be considered in the handling of the grievance," the court
held.

     At another time, the review committee improperly destroyed
tapes containing verbatim testimony, a "fact alone ... sufficient
to bar further proceedings."

     A concurring opinion signed by eight of the nine Judicial
Council members said "We find it grievous that bodies of the
church charged with responsibilities in this matter have failed to
follow the procedures for fair process in a timely and efficient
manner ... ensuring fairness to all parties."

     On April 10, 1995, Bishop Forrest C. Stith of the New York
Area said in a letter to the jurisdiction's College of Bishops he
was taking an immediate health leave from his episcopal duties. 
He indicated his physician recommended such a step "because of the
extreme stress he is undergoing stemming from episcopal
responsibilities and a grievance filed against him," in 1984 when
he was bishop of the New York West Area.

     Also on April 10, 1995, the College of Bishops announced that
Stith is taking a leave from his duties, effective immediately.

     In another decision handed down April 25, the church's high
court said a piece of legislation passed by the 1996 General
Conference in session here April 16-26 was unconstitutional.  The
legislation would have permitted annual conference councils on
finance and administration and councils on ministries to make
adjustments to the budget approved by the conference between
sessions of the conference.

     Taking up a request for a decision concerning a General
Conference petition, the court said a legislative committee has
the right to propose an amendment to a Book of Discipline
paragraph dealing with membership on a general agency board of
directors.

     In a case out of the West Michigan Conference, the court held
that a pastor had been placed on leave of absence in an improper
fashion from July 1, 1995, through Aug. 31, 1995, and is entitled
to salary and other benefits for that period, and to an immediate
pastoral appointment.  A concurring opinion signed by two court
members said the Disciplinary paragraph on leave of absence has "a
missing link."

                              #  #  #
                                                       -- Bob Lear

     
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