¶ 2616. Declaratory
Decisions--1. The Judicial Councuil, on petition as hereinafter provided,
shall have jurisdiction to make a ruling in the nature of a declaratory
decision as to the constitutionality, meaning, application, or effect of the Discipline
or any portion thereof or of any act or legislation of a General Conference;
and the decision of the Judicial Council thereon shall be as binding and
effectual as a decision made by it on appeal.8
[FTN] 8. See Judicial
Council Decisions 106, 172, 301, 434, 443, 454, 463, 474, 566.
2. The following bodies
in The United Methodist Church are hereby authorized to make such petitions to
the Judicial Council for declaratory decisions: (a) the general
conference; (b) the Council of Bishops; (c) any body created or
authorized by the General Conference on matters relating to or affecting the
work of such body; (d) a majority of the bishops assigned to any
jurisdiction on matters relating to or affecting jurisdictions or the work
therein; (e) a majority of the bishops assigned to any central conference
on matters relating to or affecting the central conferences or the work
therein; (f) any jurisdictional conference on matters relating to or
affecting jurisdictions conference on matters relating to or affecting
jurisdictions or jurisdictional conferences or the work therein; (g) any
body created or authorized by the jurisdictional conference on matters relating
to or affecting the work of such body; (h) any central conference on
matters relating to or affecting central conference or the work therein; (i)
any body authorized or created by a central conference on matters relating to
or affecting the work of such body; and (j) any annual conference on
matters relating to annual conferences or the work therein.9
[FTN] 9. See Judicial
Council Decisions 29, 212, 255, 301, 309, 382, 452, 535.
3. When a declaratory
decision is sought, all persons or bodies who have or claim any interest that
would be affected by the declaration shall be parties to the proceeding, and
the petition shall name such parties. Except for requests filed during the
General conference, any party requesting a declaratory decision shall file a
brief statement of the question involved with the secretary of the Judicial
Council. Within twenty (20) days of receiving such request, the secretary of
the Judicial Council shall submit a brief statement of the question involved to
The Interpreter or its successor for publication--without cost in the
next edition. The Judicial council shall not hear and determine any such matter
until thirty (30) days after such publication. If the president of the council
determines that other parties not named by the petition would be affected by
such a decision, such additional parties shall also be added, and the
petitioner or petitioners, upon direction of the secretary of the Judicial
Council, shall then be required to serve all parties so joined with a copy of
the petition within fifteen (15) days after such direction by the secretary of
the Judicial Council. In like manner, any interested party may, on the party's
own motion, intervene and answer, plead, or interplead.10
[FTN]
10. See Judicial Council Decision 437.