Decision Number 1096

SUBJECT TO FINAL EDITING


April 29, 2008

Decision


The General Conference is vested with the constitutional authority to determine the number and qualifications of Judicial Council members, their terms of office, and the method of election and the filling of vacancies. The Judicial Council is empowered by the Constitution to provide its own methods of organization and procedure. Any proposed legislation that purports to mandate the Judicial Council to adopt certain policies, or take certain actions, or that creates a method to sanction, suspend or dismiss members of the Judicial Council is in excess of the power of the General Conference and is therefore unconstitutional. The petitions which address recusal, conflicts of interest and the creation of a Commission on Judicial Conduct are unconstitutional. The General Conference is empowered to set a minimum number of members to comprise a quorum and is likewise empowered to require that only the whole of the Judicial Council may consider and decide the constitutionality of acts of the General Conference.

Shamwange P. Kyungu was absent. C. Rex Bevins, the first clergy alternate, participated in this decision.

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