The following observations are intended to encourage you to read the decisions of the Judicial Council for yourself. The observations are in no way church law in any form but could help you understand some important aspects of the decisions. Should you feel I have made an error of fact or interpretation, please let me know so it can be corrected.
I've included the URL for each of the rulings. That should allow you to click it or paste it so you can go directly to the decision.
Each decision’s commentary is posted separately so this review doesn't seem so long! And by using the list of contents in the left margin, you can go to whichever decision is of interest to you.
Associates in Advocacy publishes updated indexes of all Judicial Council decisions and memoranda. If you are interested, contact Rev. Michael Brown, 158 Saxony Ct.,
Vallejo, CA 94591. The Judicial Council website also offers indices as does the AIA website under HELPS for the Judicial Council.
Monday, November 21, 2011
JCM 1190
http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1311&JDMOD=VWD&SN=1101&EN=1200
Having done some consulting as noted in the blog posts about the respective docketed items on the Philippines case, I have reread every related decision and memorandum rendered by the Council (JCD/Ms 1149, 1152, 1162, 1177, 1182, 1183, and 1184). I am seeing inconsistency on the Council’s part with respect to the case.
The Council accepted a petition from the bishops of the Philippines less than a month after their Spring 2010 session where the Council ruled the that the interim bishop and the annual conference over which he presided was the official annual conference rather than the one headed by Bishop Tangonan (JCD 1152).
But the Council refused to accept a request for an early decision in Bishop Tangonan’s ongoing struggle with the college of bishops. Despite identifying the actions of Bishop Arichea as “convoluted” in changing the site of the annual conference (JCD 1152) and most of the Council being bothered by the six undocumented suspensions of Bishop Tangonan over two years by that college of bishops (JCD 1183), the Council put him off by postponing dealing with his request until next Spring’s session.
Despite their unease about what was coming to them in incomplete bits and pieces, they still went along with their rulings that the Philippines bishops constituted a college of bishops and that Bishop Arichea did no legally questionable wrong. But Bishop Tangonan has been left hanging by those decisions, further deepening the split in the annual conferences which he led prior to his suspensions.
The Council appears to have taken the word of the college of bishops when the Council accepted how the bishops’ petition described the results of a committee on investigation rather than seeing that original document for themselves.
It can be argued that the Council is stuck with maintaining their rules and with parties who do not send all the needed documents. Hence, they put out decisions as best they can. But I fear that the Council, when in doubt, tends to believe those higher in the power structure and not persist in their demand for better documentation.
In JCD 1152, Bishop Arichea said he met with the Cabinet on Feb. 3 and they voted to change the site of the annual conference. Then in JCD 1162, the story changed. The DSs failed to respond to attend the Feb. 3 meeting and a final vote on the change of site occurred on Feb. 18 after he had appointed a whole new Cabinet.
A different reading of JCD 1162 might allow for another interpretation, that a request not to change the site sent in by the lay leader was what the Cabinet refused to respond to. But it is more reasonable to assume the Cabinet refused from the beginning to meet with retired Bishop Arichea because the Judicial Council had not yet ruled that the Philippines bishops did indeed constitute being a college of bishops under church law. That ruling did not occur until many months later. No one knew in February when Bishop Arichea showed up and changed where the annual conference was to be held whether or not he had that authority. The Council gave it to him retroactively. Like enforcing a law retroactively is wrong (see JCD 704), having to justify past actions by making a law change to fit the situation, which is what JCD 1149 did, may also be bad law.
The Council has a way out of this mess. It needs to undertake a review of all their decisions. And it needs to use its authority to obtain documents withheld from it or were not asked for in those decisions. Until the Council does, it may face many and sundry petitions from that group of annual conferences. One hopes that instructions have been sent to all the involved parties to send everything they have for the review of the Council next Spring. In the meantime, it might want to change its rules and find a way to review early requests in an orderly and consistent manner and respond in a timely way to Bishop Tangonan’s request.
Having done some consulting as noted in the blog posts about the respective docketed items on the Philippines case, I have reread every related decision and memorandum rendered by the Council (JCD/Ms 1149, 1152, 1162, 1177, 1182, 1183, and 1184). I am seeing inconsistency on the Council’s part with respect to the case.
The Council accepted a petition from the bishops of the Philippines less than a month after their Spring 2010 session where the Council ruled the that the interim bishop and the annual conference over which he presided was the official annual conference rather than the one headed by Bishop Tangonan (JCD 1152).
But the Council refused to accept a request for an early decision in Bishop Tangonan’s ongoing struggle with the college of bishops. Despite identifying the actions of Bishop Arichea as “convoluted” in changing the site of the annual conference (JCD 1152) and most of the Council being bothered by the six undocumented suspensions of Bishop Tangonan over two years by that college of bishops (JCD 1183), the Council put him off by postponing dealing with his request until next Spring’s session.
Despite their unease about what was coming to them in incomplete bits and pieces, they still went along with their rulings that the Philippines bishops constituted a college of bishops and that Bishop Arichea did no legally questionable wrong. But Bishop Tangonan has been left hanging by those decisions, further deepening the split in the annual conferences which he led prior to his suspensions.
The Council appears to have taken the word of the college of bishops when the Council accepted how the bishops’ petition described the results of a committee on investigation rather than seeing that original document for themselves.
It can be argued that the Council is stuck with maintaining their rules and with parties who do not send all the needed documents. Hence, they put out decisions as best they can. But I fear that the Council, when in doubt, tends to believe those higher in the power structure and not persist in their demand for better documentation.
In JCD 1152, Bishop Arichea said he met with the Cabinet on Feb. 3 and they voted to change the site of the annual conference. Then in JCD 1162, the story changed. The DSs failed to respond to attend the Feb. 3 meeting and a final vote on the change of site occurred on Feb. 18 after he had appointed a whole new Cabinet.
A different reading of JCD 1162 might allow for another interpretation, that a request not to change the site sent in by the lay leader was what the Cabinet refused to respond to. But it is more reasonable to assume the Cabinet refused from the beginning to meet with retired Bishop Arichea because the Judicial Council had not yet ruled that the Philippines bishops did indeed constitute being a college of bishops under church law. That ruling did not occur until many months later. No one knew in February when Bishop Arichea showed up and changed where the annual conference was to be held whether or not he had that authority. The Council gave it to him retroactively. Like enforcing a law retroactively is wrong (see JCD 704), having to justify past actions by making a law change to fit the situation, which is what JCD 1149 did, may also be bad law.
The Council has a way out of this mess. It needs to undertake a review of all their decisions. And it needs to use its authority to obtain documents withheld from it or were not asked for in those decisions. Until the Council does, it may face many and sundry petitions from that group of annual conferences. One hopes that instructions have been sent to all the involved parties to send everything they have for the review of the Council next Spring. In the meantime, it might want to change its rules and find a way to review early requests in an orderly and consistent manner and respond in a timely way to Bishop Tangonan’s request.
JCM 1191
http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1312&JDMOD=VWD&SN=1101&EN=1200
This memorandum notes that concerns left over from JCD 1156 have been resolved. Although it is not clear from what this statement says, apparently the conference has paid the pastor for time lost due to the incorrect application of the 2008 Discipline. Apparently the proper minutes and other documents have clarified what actually happened.
I have no independent confirmation that is what happened but the upshot of this ruling is that JCD 1156 stands.
One hopes this effort by the Council shows they can sort out the sometimes murky personnel actions of the Church and resolve them.
This memorandum notes that concerns left over from JCD 1156 have been resolved. Although it is not clear from what this statement says, apparently the conference has paid the pastor for time lost due to the incorrect application of the 2008 Discipline. Apparently the proper minutes and other documents have clarified what actually happened.
I have no independent confirmation that is what happened but the upshot of this ruling is that JCD 1156 stands.
One hopes this effort by the Council shows they can sort out the sometimes murky personnel actions of the Church and resolve them.
JCM 1192
http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1296&JDMOD=VWD&SN=1101&EN=1200
This memorandum deals with two unrelated petitions seeking reconsideration. It denies both without analysis or comment. The effect is to sustain earlier decisions on both. JCM 1176 was the case where a church closing was challenged because the Conference gave no prior warning to the congregation. JCM 1184 was about requesting reconsideration of JCD 1152 in which the Council affirmed after the fact the authority of an interim bishop in the Philippines case.
The requests were not without merit, as my blog posts on those earlier decisions state. It is a shame the Council chose not be share their thinking as they have on other requests. Their docket was surprisingly small compared to other fall sessions in recent years.
The upshot is that the Council feels all further argument on the respective cases adds nothing to what they already said about them. On these two requests, I wish the Council did not choose to play their “We have the last word” card because I think there still are serious issues left unresolved.
This memorandum deals with two unrelated petitions seeking reconsideration. It denies both without analysis or comment. The effect is to sustain earlier decisions on both. JCM 1176 was the case where a church closing was challenged because the Conference gave no prior warning to the congregation. JCM 1184 was about requesting reconsideration of JCD 1152 in which the Council affirmed after the fact the authority of an interim bishop in the Philippines case.
The requests were not without merit, as my blog posts on those earlier decisions state. It is a shame the Council chose not be share their thinking as they have on other requests. Their docket was surprisingly small compared to other fall sessions in recent years.
The upshot is that the Council feels all further argument on the respective cases adds nothing to what they already said about them. On these two requests, I wish the Council did not choose to play their “We have the last word” card because I think there still are serious issues left unresolved.
JCM 1193
http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1314&JDMOD=VWD&SN=1101&EN=1200
The Council was asked for a third time to reconsider JCM 1152 (see JCMs 1162 and 1183). I do not know the grounds for the request from either the originator or from the Council. I hope the Council’s minutes which will be archived contain complete notes on the request and the grounds for denying it. Historians of the future will be interested in how our era thought judicially.
The Council was asked for a third time to reconsider JCM 1152 (see JCMs 1162 and 1183). I do not know the grounds for the request from either the originator or from the Council. I hope the Council’s minutes which will be archived contain complete notes on the request and the grounds for denying it. Historians of the future will be interested in how our era thought judicially.
JCD 1194
http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1315&JDMOD=VWD&SN=1101&EN=1200
There were several annual conferences that were impacted by the removal of Bishop Tangonan and his being supplanted by retired Bishop Arichea. The request before the Judicial Council shows there is lingering discontent about it.
The impact of this ruling is that only the session presided over by Bishop Arichea sends the valid representatives to the General and Jurisdictional Conferences in 2012.
I find it interesting that the Council did not cite its own rulings to justify supporting Bishop Arichea’s decision of law saying his conference session was the only legitimate one (see JCD 1149). Interesting, but who knows how significant it is?
There were several annual conferences that were impacted by the removal of Bishop Tangonan and his being supplanted by retired Bishop Arichea. The request before the Judicial Council shows there is lingering discontent about it.
The impact of this ruling is that only the session presided over by Bishop Arichea sends the valid representatives to the General and Jurisdictional Conferences in 2012.
I find it interesting that the Council did not cite its own rulings to justify supporting Bishop Arichea’s decision of law saying his conference session was the only legitimate one (see JCD 1149). Interesting, but who knows how significant it is?
Sunday, November 20, 2011
JCD 1195
http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1316&JDMOD=VWD&SN=1101&EN=1200
The parallel situation in a second of conferences previously served by Bishop Tagonan provides the request in this decision. The commentary for JCD 1194 obtains here.
The parallel situation in a second of conferences previously served by Bishop Tagonan provides the request in this decision. The commentary for JCD 1194 obtains here.
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