‘Bilingual’ Judicial Council to meet in Philadelphia

Oct. 13, 2004

A UMNS Report
By Neill Caldwell

The Judicial Council of the United Methodist Church will meet in Philadelphia with a full docket of 17 cases and a new logistical challenge: a member who speaks French and Swahili … but not English.

The nine-member council, the denomination’s supreme court, will hold its fall meeting Oct. 27-30 at the Four Points by Sheraton Philadelphia Airport Hotel. All Judicial Council proceedings will be closed except for the oral hearings, set for 9 a.m. Oct. 28.

This will be the first time when all of the council’s proceedings will simultaneously be translated into French and from French into English to facilitate the participation of the Rev. Paul Shamwange Kyungu of the Democratic Republic of the Congo. Elected as the first clergy alternate at General Conference in Pittsburgh, Kyungu joined the council when the Rev. Larry Pickens resigned to become top staff executive of the United Methodist Commission on Christian Unity and Interreligious Concerns.

Because all of the documents involved in cases pending before the Judicial Council are prepared in English, the court has had to address the translation of original documents and briefs into French. The cases on the fall docket involve hundreds of pages of briefs and other documents. Once the meeting begins, oral hearings, all deliberations, and the drafting and refinement of opinions will have to be translated.

"All of us look forward to assimilating Rev. Kyungu into the council as we all learn to function in an atmosphere requiring translation of documents, draft decisions and discussion of the docket items," said Dr. James Holsinger, the new president of the Judicial Council. "Those who are appearing before the council for oral presentations will need to keep in mind that simultaneous translation will be occurring."

Language is not the only roadblock for Kyungu’s participation. The ability to travel to the United States is also proving difficult. In his country, obtaining a visa is a multi-day process that requires him to be personally present several weeks before departure.

"Perhaps the most serious obstacle presented for the Judicial Council has been ensuring Rev. Kyungu’s presence at the meetings," said the Rev. Keith Boyette, the council’s new secretary. "Despite our efforts, he was unable to receive the necessary information in a timely manner to be able to attend our orientation session in August. Through careful planning and extraordinary effort, we have apparently overcome those obstacles for our fall session."

This is the most international Judicial Council ever convened, court officials said. Returning member Rodolfo Beltran is from the Philippines.

"While there are certainly unique issues presented by Rev. Kyungu’s service as a member of the Judicial Council, I rejoice that we have the opportunity to have two members of the central conferences of the United Methodist Church," Boyette said. "This reality reflects the increasingly global nature of our church." The central conferences are regional units of the church in Africa, Asia and Europe.

When the council held its organizational meeting in May in Pittsburgh, Holsinger was elected president, Mary Daffin was elected vice president and Boyette was elected secretary. All three are returning members but are new to their leadership positions. Holsinger and Daffin are lay people from Kentucky and Texas, respectively, while Boyette is a pastor in Virginia.

"I am looking forward to our fall meeting," Holsinger said. "We have several important docket items left from the 2004 General Conference which will consume a significant amount of time and effort."

In addition to Kyungu, other new Judicial Council members are Judge Jon Gray of Missouri; attorney Beth Capen of New York; the Rev. Susan Henry-Crowe of South Carolina; and the Rev. Dennis Blackwell of New Jersey.

The Judicial Council has granted requests for oral hearings to be conducted in the following cases:

1. A request from the 2004 General Conference for a declaratory decision on the legality and constitutionality of Petition 40325, as adopted, dealing with the United Methodist Board of Pension and Health Benefits.
2. A request from General Conference for a declaratory decision on the effect of Paragraph 705.3(j) of the Book of Discipline regarding the membership of the Connectional Table. General Conference approved creation of the table to guide the work of the denomination’s general agencies.
3. A request from the 2004 General Conference for a declaratory decision on the constitutionality of Calendar Item 1498 regarding the membership of the Connectional Table. That and other calendar items can be found online at /interior.asp?ptid=17&mid=3433.
4. A request from the Western Michigan Annual (regional) Conference for a declaratory decision on the addition of domestic partner benefits to the conference’s health benefits policy.

Other items on the fall docket include:

1. A General Conference request for a declaratory decision regarding Calendar Item 1514 and the doctrinal standards of the United Methodist Church.
2. A request from General Conference for a declaratory decision on the constitutionality of Calendar Item 1167 with respect to lay membership on an annual conference’s committee on investigation.
3. A request from the 2004 General Conference for a declaratory decision on the constitutionality of Calendar Item 1017 with respect to the lay membership of annual conferences.
4. A review of a bishop’s decision of law in the North Central New York Conference concerning approval of a candidate for commissioning as probationary member by the clergy session. The Judicial Council reviews all decisions of law made by bishops during annual conference sessions.
5. A request from the Virginia Conference for a declaratory decision on "Equipping The Church: An Organizational Plan for the Virginia Conference of the United Methodist Church."
6. A request from the Virginia Conference for a declaratory decision on the application of Paragraph 352.1(b), regarding involuntary leave of absence, and Paragraph 356.2, on voluntary retirement, in a case where a clergy member requested voluntary retirement but was placed on involuntary leave of absence by the clergy session.
7. A request from the Illinois Great Rivers Conference for a declaratory decision on the authority of a bishop to overrule the Judicial Council and deny an individual’s request for jury trial.
8. A request from the Wisconsin Conference for a declaratory decision on the constitutionality of Paragraph 346.1 of the Book of Discipline concerning the discontinuance of local pastors.
9. A review of the Kansas West Conference’s equitable compensation plan for women clergy as required by Judicial Council Decision 968. The court’s decisions can be found at http://www.umc.org/interior_judicial.asp?mid=263.
10. A review of a bishop’s decision of law in the Troy Conference concerning a resolution on "Providing Health Care Coverage for Domestic Partners."
11. A review of a bishop’s decision of law in the North Georgia Conference concerning the propriety of a resolution titled, "A Resolution from the South Georgia Annual Conference - Support for a Marriage Amendment to the Georgia Constitution" under the Book of Discipline.
12. A review of the Northern Illinois Conference’s revised plan of structure as required by Judicial Council Decision 909.
13. A review of a bishop’s decision of law in the New York Conference concerning whether an elder’s request for trial can be denied when the bishop determines that a complaint will be handled administratively.

*Caldwell is a freelance writer residing in High Point, N.C.

News media contact: Tim Tanton, Nashville, Tenn., (615) 742-5470 or newsdesk@umcom.org.

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