UMC Judicial Council and Occam’s Razor

A lot of United Methodists are debating, predicting, and guessing whether or not the Judicial Council will allow petitions from anyone besides the Council of Bishops for next February’s Special General Conference. They meet next week to decide. As a delegate to 6 General Conferences, Annual Conference Parliamentarian for 7 quadrennia, professor of UM Discipline and Polity for 12 years at 2 seminaries, and legislation writer for 3 agencies of the church, I suggest that we all ponder the use of what has been called “Occam’s razor.” Occam’s razor is a means of solving problems by sticking with the simplest solution.

Judicial Decision 227 should settle the matter. It gives the JC (Judicial Council) ample basis to approve that anyone can make petitions to a special General Conference if the petitions “are in harmony” with the purpose stated in the call (Par. 14 2016 Book of Discipline). The Council of Bishop’s stated call is worded: “The purpose of this special session of the General Conference shall be limited to receiving and acting upon a report from the Council of Bishops based on the recommendations of the Commission on a Way Forward.”

Notice the plural “recommendations,” and the singular “report.” Using Occam’s razor this suggests that there will be one report based on multiple recommendations. Furthermore, the GC will “receive and act” upon the Bishop’s report. This implies to me that there is room for everything in it to be in legislative play. Our “Plan of Organization and Rules of Order for the General Conference” has always allowed for interested parties to have the ability to participate.

For instance, there is nothing in BOD Par. 14 about process and procedures of a special session. Hence, in accordance with Par. 505, the rules of the PRECEDING GC are in effect until altered by the succeeding GC: “The Plan of Organization and Rules of Order of the General Conference shall be the Plan of Organization and Rules of Order as approved by the preceding General Conference until they have been altered or modified by the action of the General Conference.” The rules of the 2016 GC certainly allowed petitions (Section XIII DCA pg. 1964). As a matter of fact, this particular rule allows petitions from multiple sources. It cites BOD Par. 507.7 which delineates all the groups that can petition GC within the time constraint of 230 days in advance.

Furthermore, in terms of the openness of multiple petition sources, JD 929 spells out that legislative access (to General Conference) is available to “official” and non-official groups.” The exact language of JD 929 says: “The Commission on General Conference does not have the authority to define ‘any organization’ as being limited to official organizations of The United Methodist Church as it relates to 507 and the submission of petitions to the General Conference. This is a distinctively connectional matter. Par. 507 provides legislative access to both ‘official’ and unofficial groups within The United Methodist Church.”

Using once again Occam’s razor, only the GC can say who can send petitions. Par. 507 is the GC’s statement on the matter and it provides legislative access to everyone within The United Methodist Church. This suggests that it is impossible to limit the sources of petitions, which is exactly what’s said in reading the decision rendered in JD 227: “Any Methodist member or group has the Disciplinary right to file a petition to the 1966 General Conference within the areas of business as prescribed by the General Conference for that session.”

In light of these observations, I suspect that the Council of Bishop’s efforts will fail if their recommendation is the only one properly before us. It will be an undue and unheard of usurpation of power. Pars. 509 and 16 definitively state that only the General Conference can speak for the denomination and decide “all matters distinctively connectional.” Indeed, the very idea that the COB (Council of Bishops) would seek to limit who can or cannot petition General Conference is historic in our denomination’s history.

Even the Council of Bishop’s request for a declaratory decision becomes a “Balance of Powers” issue. The balance of powers between United Methodism’s executive, judicial, and legislative branches has been consistently cited by the Judicial Council as integral to our polity in JD 1156, 689, and 307, among many others. For instance, JD 1156 states: “The separation of authority and decision making is integral to the United Methodist Constitution and law.” JD 689 specifically says: “The separation of authority and decision making is integral to the United Methodist Constitution and law. While the boundaries can become hazy in any particular situation, the preservation of the separation of powers must be observed.” JD 307 declares: “Under the Constitution, the General Conference is the supreme legislative body of the Church and except as otherwise provided in the Constitution, no other body or agency of the Church may regulate its work or determine the advisability or timing of its sessions, whether regular or special. This is a necessary conclusion to be drawn from the Constitution’s separation of powers of the legislative, judicial and episcopal branches of the government of the general Church.”

Again using Occam’s razor and reading these decisions, limiting the General Conference to only the Council of Bishop’s report or recommendation violates the balance of powers, and usurps the right of General Conference delegates to hear alternative legislation and petitions.

In summary, both the rules of the preceding General Conference and our polity should allow for petitions in harmony with the purpose of the special General Conference.

Judicial Council Book Pic

Family Systems and the UMC

Family Systems Theory is fascinating, especially when I think of our United Methodist denominational situation. A couple brings in a 14 year old to see the counselor because the teenager is thought to be the family’s problem. The counselor knows that the teenager is the “identified patient,” and everyone in the whole system has issues. It’s just like a mobile over a baby’s crib when one piece is hanging lower than the others and out of sync. It’s not just a problem with one piece. The whole mobile is unbalanced.

The counselor defocuses attention from the identified patient and looks at the whole family system. In detective-like probing, the counselor determines who is the strongest person in the system and coaches, twins, or otherwise nudges that person to change. When that happens, the inter-locking triangles that have been targeting the teenager as the system’s “dumping ground” begin to fall, tension is defused, and the system resets.

In the UMC, we’re organized as a triangle with General Conference, The Council of Bishops, and the Judicial Council. A triangle might be the most stable structure on the planet á la the Pyramids, but triangulation can cause terrible problems in families and organizations. There’s usually an issue about which two corners of the triangle don’t agree, but they’re afraid of speaking directly to each.  They don’t want to risk total ruin of their relationship so they pull in a third corner and both other corners try to get that corner to pick their side of the argument. The third corner, either due to the way the organization/family/denomination is formed and/or due to well-meaning but harmful co-dependency, seeks to alleviate the stress exhibited by the other two corners and ends up being the relief valve and victim of the other two corners’ tension. They become the dumping ground, and pulled both ways.

In the UMC, we spread the stress around all three corners and swap off dumping grounds pretty fluidly. At first I thought the Judicial Council was absolutely wrong in deferring the decisions about Karen Oliveto, but now I think it is actually healthy. Family System theorists suggest that, in order for us to get out of being the dumping ground in a triangle, we need to do two things: defect in place which means to stay in relationship with the other two corners of the triangle, but not become too enmeshed or helpful; and have a non-anxious presence that self-differentiates without taking on the tension and dysfunction of the unbalanced system.

This sounds like what the Judicial Council is doing. The whole denomination has a choice to add fuel to the fire or let the process work. The Judicial Council has stated that they see the Oliveto case as hugely important. The Executive Committee of the Council of Bishops asked that they expedite their ruling and give less than the usual time for briefs, pro and con, to be filed. Now instead of dealing with it on their October docket, it will be addressed next May. Instead of criticizing, I think this is great leadership.

Rabbi Edwin Friedman who wrote the seminal work on Family Systems theory, Generation to Generation: Family Process in Church and Synagogue, also wrote a telling book about what we are witnessing both in the Judicial Council’s deferral and the creation of the Council of Bishop’s “A Way Forward Commission.” His book, A Failure of Nerve: Leadership in the Age of the Quick Fix, actually defends what some, including me, have called “kicking the can down the road.” According to Family Systems Theory, the Judicial Council and the COB have given us appropriate and helpful time to pause, reflect, have non-anxious presence, and defect in place. The question is, “Will we?”

The cycle of ecclesial attacks and reprisals need to end so that we can have a denominational reset. Our local churches and clergy, plus general agencies and bishops need calm so that the best clear thinking will prevail. Let’s let go of the tension and allow the Holy Spirit to lead us. There’s a better chance that we will end up where we need to be if we lay down our swords. This will not sit well with people in two corners of the triangle (Progressive or Conservative), but we all need to chill out, take a breath and quit being distracted away from our primary mission to make disciples.

I’m not saying that we should be false prophets who proclaim peace when there is none, but let’s preach Jesus Christ as Lord while this is all sorted out. I’m sure there will be people, including me, who will still discuss, attend events, strategize, and ponder next steps, but we need to let the tension in the system escape, not by scape-goating, but by valuing one another for the common good. What difference does it make if I’m right if the cycle of tumult continues?

A wise man once said, “There is no way to peace, peace is the way.” The following Jewish folktale reminds me that if peace is to be experienced, someone must stop the cycle of anger and retribution:

“The otter rushed in to see the king crying, ‘My lord, you are a man who loves justice and rules fairly. You have established peace among all your creatures, and yet there is no peace.’ ‘Who has broken the peace?’ asked the king. ‘The Weasel!’ cried the Otter. ‘I dove into the water to hunt food for my children, leaving them in the care of the Weasel. While I was gone my children were killed. An eye for an eye, the Good Book says. I demand vengeance!’

The king sent for the Weasel who soon appeared before him. ‘You have been charged with the death of the Otter’s children. How do you plead?’ demanded the King. ‘Alas, my lord,’ wept the Weasel, ‘I am responsible for the death of the Otter’s children, though it was clearly an accident. As I heard the Woodpecker sound the danger alarm, I rushed to defend our land. In doing so I trampled the Otter’s children by accident.’ The king summoned the Woodpecker. ‘Is it true that you sounded the alarm with your mighty beak?’ inquired the king. ‘It is true, my lord,’ replied the Woodpecker. ‘I began the alarm when I spied the Scorpion sharpening his dagger.’

When the Scorpion appeared before the king, he was asked if he indeed had sharpened his dagger. ‘You understand that sharpening your dagger is an act of war?’ declared the king. ‘I understand,’ said the Scorpion, ‘but I prepared only because I observed the Turtle polishing its armor.’ In his defense the Turtle said, ‘I would not have polished my armor had I not seen the Crab preparing his sword.’ The Crab declared, ‘I saw the Lobster swinging its javelin.’

When the Lobster appeared before the king, he explained, ‘I began to swing my javelin when I saw the Otter swimming toward my children, ready to devour them.’ Turning to the Otter, the king announced, ‘You, not the Weasel, are the guilty party. The blood of your children is upon your own head. Whoever sows death shall reap it.’”

Are we willing to defect in place, have non-anxious presence, self-differentiate, and have enough patience to act as good leaders? I hope so. Our Wesleyan witness and the blessing of God is depending on us to get this right. If we were right yesterday, we will be right tomorrow, but the Gospel’s work today needs us to clear-headed and full of the Holy Spirit. We must all stop our vicious cycle of infighting for the sake of Christ and a lost and hurting world.

Family Systems Picture

Expanded Prayers for the UMC Judicial Council

The United Methodist Church’s version of the Supreme Court, otherwise known as the Judicial Council, will be ruling in October about Karen Oliveto’s consecration as a UM bishop, and they’ll be adjudicating whether an annual conference’s Clergy Session and Board of Ordained Ministry can properly have before them persons who have self-avowed behaviors that are in violation of the United Methodist Book of Discipline. It is basically a question of whether an annual conference’s prerogatives outweigh General Conference’s actions.

The first major Judicial Decision which established that General Conference is preeminent in legislation and supersedes annual conferences’ administrative function, was made back in 1972. In reference to the establishment of the General Council on Ministries, the Judicial Council  stated in Decision 364, “The General Conference may not delegate legislative functions and responsibilities which are assigned to it by the Constitution.” This specifically helps us pray for the Judicial Council because at issue is who outranks whom in our checks and balances system. The bottom line is exactly what the Book of Discipline says in Par. 509.1,2: Only the General Conference has the authority to speak for the church.

Judicial Decision 1321 that was rendered at GC2016 also covers this in great detail and cites previous decisions of church law (All Judicial Council Decisions can be researched online at http://www.umc.org/who-we-are/judicial-council). Decision 1321 reinforces that the General Conference certainly has full legislative authority over all things “distinctively connectional” (Par. 16), including matters of defining minimum clergy credentialing requirements (Cf. Judicial Decision 536). There are plenty of Judicial Decisions that make the recent actions of certain annual conferences null and void, even the election of Karen Oliveto. My interpretation of the aforementioned decisions is that it is impossible in our connectional polity for an annual, central, or jurisdictional conference to contravene the General Conference. Read the specifics of Judicial Decision 1321!

It really doesn’t matter if an annual conference says persons are in “good standing” if they have already self-avowed that they are in opposition to The Book of Discipline. The declaration of the General Conference is the last word, and the “right to trial” guaranteed to each UM clergyperson is moot when someone precludes the need of a trial by their own volition. Judicial Decision 980 is very specific if an annual conference’s Committee on Investigation refuses to certify a bill of charges and ignores stated facts that ipso facto would convict a person. The Decision reaches two very pertinent conclusions: “Should members of the Committee on Investigation be unwilling to uphold the Discipline for reasons of conscience, such members must step aside…” and  “persons who state that they cannot in good conscience uphold the Discipline are ineligible to serve on a trial jury.”

As a historical aside, after the 1956 GC had approved full clergy rights for women, a specific case arose about some who refused to enforce the GC’s action. This Decision is a great help in understanding our denominational jurisprudence and the rights of whole entities in the church to ignore General Conference actions. The Judicial Council rendered Decision 155 in 1958 which stated clearly that everyone had to abide by the same Book of Discipline. This was a wonderful decision in many ways, and in this case by setting a legal precedence (Par. 2611 BOD) of the Book of Discipline over all other documents and entities. It alone speaks for the UMC and is the voice of General Conference.

Similarly, Judicial Decision 886 offers clear guidance in our current milieu. In its opening “Digest of Case,” the decision says, “The Discipline is the law of the Church which regulates every phase of the life and work of the Church. As such, annual conferences may not legally negate, ignore, or violate provisions of the Discipline with which they disagree, even when the disagreements are based upon conscientious objections to those provisions.” It seems obvious that connectionalism is based upon mutual covenant keeping, or the whole house falls.

The United Methodist position on the practice of homosexuality extends both grace and definite boundaries. It is a complex issue. Not only is the authority of Scripture involved, but also our ecclesiology. My sincere hope is that our denomination can work through this. My plea is for us to honor the Study Commission and pray for them as they do their work on “A Way Forward” on this issue. Our most urgent prayer in the timeline is to pray fervently for the Judicial Council.

In the meantime, all of us need to keep covenant, whether pro or con in changing the language of the Discipline about the practice of homosexuality. We pray and hold fast in the interim. I remind all UM clergy that Judicial Decision 986 says that any pastor that deliberately encourages withholding apportionments is liable for a charge of disobedience. BOD Pars. 340.2(c)(2)e, 639.4 and 247.14, last sentence, are very instructive. Let’s remain calm and let the judicial process work.

This is about the rule of canon law and covenant keeping in a connectional church. These are tenuous times for us. We can either obey the General Conference or fracture into something we’re not. I wouldn’t want to be anything else than a United Methodist. Every person who has been ordained promised to keep our rules and stated that he or she agreed with them. I made that promise, and I’m still keeping it by the grace of God.

Judicial Council Book Pic

Prayers for The UMC Judicial Council

The United Methodist Church’s version of the Supreme Court, otherwise known as the Judicial Council, will be ruling in October about Karen Oliveto’s consecration as a UM bishop, and they’ll be adjudicating whether an annual conference’s clergy session and Board of Ordained Ministry can properly have before them persons who have self-avowed behaviors that are in violation of the United Methodist Book of Discipline. It is basically a question of whether an annual conference’s prerogatives outweigh General Conference’s actions.

The first major Judicial Decision which established that General Conference is preeminent in legislation and supersedes annual conferences’ administrative function, was made back in 1972. In reference to the establishment of the General Council on Ministries, the Judicial Council  stated in Decision 364, “The General Conference may not delegate legislative functions and responsibilities which are assigned to it by the Constitution.” This specifically helps us pray for the Judicial Council because at issue is who outranks whom in our checks and balances system. The bottom line is exactly what the Book of Discipline says in Par. 509.1,2: Only the General Conference has the authority to speak for the church.

Judicial Decision 1321 that was rendered at GC2016 also covers this in great detail and cites previous decisions of church law (All Judicial Council Decisions can be researched online at http://www.umc.org/who-we-are/judicial-council). Decision 1321 reinforces that the General Conference certainly has full legislative authority over all things “distinctively connectional” (Par. 16), including matters of defining minimum clergy credentialing requirements (Cf. Judicial Decision 536). There are plenty of Judicial Decisions that make the recent actions of certain annual conferences null and void, even the election of Karen Oliveto. My interpretation of the aforementioned decisions is that it is impossible in our connectional polity for an annual, central, or jurisdictional conference to contravene the General Conference.

It really doesn’t matter if an annual conference says persons are in “good standing” if they have already self-avowed that they are in opposition to The Book of Discipline. The declaration of the General Conference is the last word, and the “right to trial” guaranteed to each UM clergyperson is moot when someone precludes the need of a trial by their own volition. Judicial Decision 980 is very specific if an annual conference’s Committee on Investigation refuses to certify a bill of charges and ignores stated facts that ipso facto would convict a person. The Decision reaches two very pertinent conclusions: “Should members of the Committee on Investigation be unwilling to uphold the Discipline for reasons of conscience, such members must step aside…” and  “persons who state that they cannot in good conscience uphold the Discipline are ineligible to serve on a trial jury.”

As a historical aside, after the 1956 GC had approved full clergy rights for women a specific case arose about some who refused to enforce the GC’s action. This Decision is a great help in understanding our denominational jurisprudence and the rights of whole entities in the church to ignore General Conference decisions. The Judicial Council rendered Decision 155 in 1958 which stated clearly that everyone had to abide by the same Book of Discipline. This was a wonderful decision in many ways, and in this case in setting a legal precedence (Par. 2611 BOD) of Book of Discipline over all other documents and entities. It alone speaks for the UMC.

Similarly, Judicial Decision 886 offers clear guidance in our current milieu. In its opening “Digest of Case,” the decision says, “The Discipline is the law of the Church which regulates every phase of the life and work of the Church. As such, annual conferences may not legally negate, ignore, or violate provisions of the Discipline with which they disagree, even when the disagreements are based upon conscientious objections to those provisions.” It seems obvious that connectionalism is based upon mutual covenant keeping, or the whole house falls.

The United Methodist position on the practice of homosexuality extends both grace and definite boundaries. It is a complex issue. Not only is the authority of Scripture involved, but also our ecclesiology. My sincere hope is that our denomination can work through this. My plea is for us to honor the Study Commission and pray for them as they do their work on “A Way Forward” on this issue.

In the meantime, all of us need to keep covenant, whether pro or con in changing the language of the Discipline about the practice of homosexuality. We pray and hold fast in the interim. I remind all UM clergy that Judicial Decision 986 says that any pastor that deliberately encourages withholding apportionments is liable for a charge of disobedience. BOD Pars. 340.2(c)(2)e, 639.4 and 247.14, last sentence, are very instructive. Let’s remain calm and let the judicial process work.

This is about the rule of canon law and covenant keeping in a connectional church. These are tenuous times for us. We can either obey the General Conference or fracture into something we’re not. I wouldn’t want to be anything else than a United Methodist. Every person who has been ordained promised to keep our rules and stated that he or she agreed with them. I made that promise, and I’m still keeping it by the grace of God.

Judicial Council Book Pic