The United Methodist Judicial Council clarified the authority of bishops to handle complaints and affirmed the dismissal of a clergyman accused of having an affair with a married woman during its spring session April 21-24 in Madison, N.J.
Then and during a special session on May 21-22 in Atlanta, Ga., the denomination's Supreme Court also addressed:

• early retirement programs;
• general church apportionments in annual conference budgets;
• annual conference structure;
• conference-wide property and casualty insurance plan; and
• authority to conduct the business of an annual conference.

A digest of the Councils decisions follows. Read the text of Decisions 1142-1152.

The Council will have its fall meeting Oct. 27-30 in New Orleans. The docket will be included in the September-October Interpreter.

Judicial Council of The United Methodist Church
Digest of Decisions 1142-1151
April 21-24, 2010

Decision 1142 -- Review of a bishop's decision of law in the West Michigan Conference regarding adoption of a master group program for insuring all churches in the conference in light of Para. 2532.2. Digest: An annual conference has the right and the authority to implement a mandatory conference-wide property and casualty insurance plan. The bishop's decision of law is affirmed.

Memorandum 1143 -- Request for reconsideration of Decision 1125. Memorandum: Request denied.

Memorandum 1144 -- Review of a bishop's decision of law in the Indiana Conference regarding whether the 2010 budget was properly before the Annual Conference. Digest: The Judicial Council has no jurisdiction to review parliamentary rulings made by a presiding bishop in an Annual Conference session.

Memorandum 1145 -- Request for declaratory decision from the California-Pacific Annual Conference regarding voluntary termination of conference membership by withdrawal under complaint or charges. Digest: The Judicial Council declines jurisdiction for failure to comply with the Rules of Practice and Procedure of the Judicial Council.

Decision 1146 Review of a bishop's decision of law in the Indiana Annual Conference regarding whether the 2010 Budget meets the requirements of Paragraphs 615.1 and 811.4. Digest: The General Conference has set forth very specific and detailed processes by which annual conferences are to determine and set their budgets, including the portion of their budgets that involves general Church apportionments. Upon receiving a statement of the amount that is apportioned to the Annual Conference for the several general funds authorized by the General Conference, the annual conference Council on Finance and Administration shall apportion the full amount to the districts, charges, or churches by whatever method the annual conference may direct, but without reduction. The budget as adopted by the Indiana Conference undermines those processes and is in conflict with Paragraph 615 of the 2008 Discipline and with Decision 1054. The bishop's decision of law is reversed.

Decision 1147 Review of a bishop's decision of law in the Dakotas Conference regarding the structure of the annual conference under the provisions of Paragraphs 16.15 and 610. Digest: The bishops' rulings of law are reversed. The first sentence of Paragraph 610 of the 2008 Discipline was incorrectly interpreted; the mandatory language of Paragraph 641 is in effect; Paragraph 610 does not constitute enabling legislation of Paragraph 16.15; and Paragraph 6.15 authorizes, but does not mandate, the General Conference to enact legislation to permit annual conferences to utilize structures unique to their mission. The annual conference must abide by all disciplinary mandates and Judicial Council Decisions in the creation of its new structure.

Decision 1148 Review of a bishop's decision of law in the Baltimore-Washington Conference regarding the authority of Adventure Guides who are not elders to conduct local church or charge conferences in light of Para. 246.5. Digest: The district superintendent shall preside at the meetings of the charge conference or may designate an elder to preside. Any practice or policy to the contrary is incompatible with and hence a violation of Paragraph 246.5 of the Discipline. The bishop's decision of law is vacated and modified.

Decision 1149 Request for a declaratory decision from the supervisory committee of the College of Bishops of the Philippines Central Conference and the Committee on the Episcopacy of the Philippines Central Conference regarding the authority of the Philippines Central Conference College of Bishops to handle a complaint against one of its members under Paragraph 413. Digest: The sentence in Paragraphs 413.2, 2704.1d and 2712.7 of the 2008 Discipline, which reads, For the purposes of this paragraph, the United Methodist bishops of the central conferences shall constitute one college of bishops, is unconstitutional. Any complaint against a bishop of the Philippines Central Conference shall be handled under the remaining provisions of Paragraph 413.2 of the 2008 Discipline.

Decision 1150 Review of a bishop's decision of law in the Texas Conference regarding retirement incentives utilizing pension reserve in light of Paragraph 613.1. Digest: The request for a bishop's decision of law in the Texas Conference concerning authorization of the Early Retirement Incentive Program (ERIP) was germane to the business of the annual conference session. The Core Leadership Team lacked authority to give implementing approval to the ERIP because only the annual conference has the authority to do so. The annual conference cannot delegate that authority to any other body. Decisions related to annual conference clergy support in this case, post-retirement benefits are to be made by the annual conference after receiving a recommendation from the council on finance and administration. Further, pensions and benefits programs are to be recommended by the council on finance and administration to the annual conference for action and determination even if the requisite funds are not from apportionments. The bishop's decision of law is reversed.

Decision 1151 Appeal of Jimmy J. Montgomery. Digest: The weight of the evidence presented to the Trial Court is sufficient to sustain the charges of immorality under Paragraph 2702.1(a) of the 2004 Discipline, disobedience to the Order and Discipline of The United Methodist Church under Paragraph 2702.1(e) of the 2004 Discipline, and sexual misconduct under paragraph 2702.1(j) of the 2004 Discipline of which Dr. Jimmy J. Montgomery was found guilty. There were no errors of church law as to vitiate the verdict and/or penalty of the Trial Court. The verdict is affirmed.

Digest of Decisions 1152

May 20-21, 2010

Decision 1152 Review of a bishop's decision of law in the Middle Philippines Conference regarding the designation of the site of an Annual Conference session pursuant to Paragraph 603.3. Digest: The Wesleyan University Philippines site of the Middle Philippines Annual Conference was validly chosen and designated by a majority of the district superintendents with the consent of the bishop in charge. Any purported Annual Conference actions taken outside of said Wesleyan University Philippines session are null, void, and of no effect. The bishop's decision of law is affirmed.