1996 Book of Discipline: Paragraph 2627| General Conference 2000

ś 2627. Trial Procedures--1. General--a) Fundamental Principles--(1) Church trials are to be regarded as an expedient of last resort.²³ Only after every reasonable effort has been made to correct any wrong and adjust any existing difficulty should steps be taken to institute a trial. No such trial as herein provided shall be construed to deprive the respondent or the Church of legal civil rights.

[FTN] 23. See Judicial Council Decisions 534, 700.

(2) All trials shall be conducted according to the Book of Discipline in a consistent Christian manner by a properly constituted court after due investigation.

(3) All appeals of any procedural or substantive matters that have occurred prior to referral of the charges to trial must be appealed to the presiding officer of the trial court before the convening of the trial court. Otherwise, the right to appeal on such matters is forfeited.

(4) The administration of oaths shall not be required. At the beginning of the trial, the presiding officer shall remind all parties of the duties and responsibilities of Church membership (ś 219) and/or the ordained ministerial covenant (śś 306.4f and 325).

b) Officers of the Trial Court--Officers shall consist of a presiding officer (ś 2626.2a, .3a, 4a), who shall appoint a secretary and such other officers as deemed necessary. The presiding officer may have legal counsel, who shall not be the conference chancellor, present at the expense of the annual conference holding the trial for the sole purpose of advice to the presiding officer during the trial.

c) Convening of the Court--(1) The official charged with convening the court (see ś2626.2a, .3a, .4a) shall, within thirty (30) days after receiving a copy of the charges and specifications, appoint counsel for the Church.

(2) The convener shall notify the respondent in writing to appear at a fixed time and place no less than twenty (20) days after service of such notice and within a reasonable time thereafter for selection of the members of the trial court. No person who was a member of the cabinet, board of ordained ministry, or committee on investigation who earlier considered the case now before the trial court shall be appointed counsel for the Church or serve as counsel for the respondent or any of the persons bringing complaints in a case.

(3) At the appointed time, in the presence of the respondent, counsel for the respondent, counsel for the Church, and the presiding officer, thirteen (13) persons shall be selected as a trial court out of a pool of thirty-five (35) or more persons selected according to ś 2626.2a, .3a and .4a. Special consideration should be given so that the pool includes persons representative of racial, ethnic, and gender diversity.

(4) No person shall serve as a member of the trial court who was a member of the cabinet, board of ordained ministry, or committee on investigation who considered the case in the process of coming before the trial court. The counsel for the Church and the respondent shall each have up to four (4) preemptory challenges and challenges for cause without limit. If by reason of challenges for cause being sustained the number is reduced to below thirteen (13), additional appropriate persons shall be nominated in like manner as was the original panel to take the places of the numbers challenged, who likewise shall be subject to challenge for cause. This method of procedure shall be followed until a trial court of thirteen (13) members and two (2) alternate members has been selected.

(5) The two (2) alternate members shall sit as observers of the trial and shall be seated as members of the trial court in the event one of the thirteen (13) is not able to continue.

(6) The members of the trial court, but not the alternate members, may, subject to the approval of the presiding officer of the trial, ask questions on matters on which evidence has been presented.

d) Time and Place of Trial--The official charged with convening the trial court shall also fix the time and place for the trial, which will immediately follow the convening of the trial court.

The respondent may request a change of venue. This shall be a written request to the presiding officers of the court within ten (10) days of receipt of notice to appear for trial. The presiding officer shall rule upon the request after hearing arguments by the respondent and the Church. If the motion is approved, the presiding officer shall name the annual conference outside the episcopal area wherein the trial shall be held and shall notify the resident bishop of that conference, who shall convene the court. The cost of prosecution shall be borne by the conference where the case originated.

e) Notice--(1) All notices required or provided for in relationships to investigations, trials, and appeals shall be in writing, signed by or on behalf of the person or body giving or required to give such notice, and shall be addressed to the person or body to whom it is required to be given. Such notices shall be served by delivering a copy thereof to the party or chief officer of the body to whom it is addressed in person or sent by other delivery system to the last-known residence or address of such party. Proof of notice shall be provided and becomes a part of the record of the case.

(2) In all cases wherein it is provided that notice shall be given to a bishop or district superintendent and the charges are against that particular person, then such notice (in addition to being given to the accused) shall be given, in the case of a bishop, to another bishop within the same jurisdiction and, in the case of a district superintendent, to the bishop in charge.

f) Counsel--In all cases, a respondent shall be entitled to appear and to select and be represented by counsel, an elder of The United Methodist Church if the respondent is a bishop, a clergyperson, or a diaconal minister; and a lay or clergy member of The United Methodist Church if the respondent is a lay member. A respondent shall be entitled to have counsel heard in oral or written argument or both. Counsel for the Church shall be an elder in full connection selected by the bishop to represent the interests of the Church in pressing the claims of the person making the complaint. In all cases of trial where counsel has not been chosen by the respondent, counsel shall be appointed by the presiding officer. The counsel for the Church and for the respondent each shall be entitled to choose one assistant counsel, who may be an attorney, without voice.

g) Witnesses--Notice to appear shall be given to such witnesses as either party may name and shall be issued in the name of the Church and be signed by the presiding officer of the trial court. It shall be the duty of all clergy and lay members of The United Methodist Church to appear and testify when summoned. Refusal to appear or to answer questions ruled by the presiding officer to be relevant may be considered as disobedience to the Order and Discipline of The United Methodist Church.

h) Power of the Trial Court--(1) The court thus constituted shall have full power to try the respondent. A vote of nine (9) or more shall be required for conviction. Fewer than nine (9) votes for conviction shall be considered an acquittal. The burden of proof for a vote to convict shall be clear and convincing evidence. Upon conviction, the court shall have power to expel the respondent from the Church, to recommend withdrawal of the credentials of ordination or consecration of the respondent, to suspend the respondent from the exercise of the functions of office, or to fix a lesser penalty. The trial court shall present to the presiding officer a decision on each charge and each individual specification under each charge. Its findings shall be final, subject to appeal to the committee on appeals of the jurisdictional conference or the central conference, as the case may be.

(2) The penalty fixed by the trial court shall take effect immediately, except where the penalty changes the ministerial relationship of the respondent. The presiding officer of the trial court, at his or her discretion, may order a stay of the penalty. In the trial of a clergyperson, the penalty is subject to ratification, but not amendment, in the executive session of the clergy members in full connection with the annual conference to the extent that the penalty charges the ministerial relationship of the respondent. Counsel for the Church will make the required motions to the clergy session of the clergy members in full connection with the annual conference. Clergypersons shall have the right to be present with voice during the consideration of motions of the trial court at the clergy session.

i) The resident bishop may, with the unanimous concurrence of the district superintendents, suspend the person charged from all clergy responsibilities but not the related benefits, such as annuity and conference group medical and hospital insurance, pending the outcome of the appeals process. If the person charged should be found innocent at the end of the judicial process, he or she shall be financially recompensed by his or her annual conference for the time lost under said suspension. Equitable recompense shall be determined by the conference council on finance and administration, taking into account service years, the loss of income during suspension, and loss of parsonage use, if any. In no case shall the recompense be less than the minimum salary. Time on a suspension imposed by the resident bishop shall be applied to lessen the time of suspension fixed by the trial court and sustained or modified by the appeals process.

j) Trial Guidelines--(1) As soon as the trial has convened, the respondent shall be called upon by the presiding officer to plead to the charge, and the pleas shall be recorded. If the respondent pleads "guilty" to the charges preferred, no trial shall be necessary, but evidence may be taken with respect to the appropriate penalty, which shall thereupon be imposed. If the respondent pleads "not guilty" or if the respondent should neglect or refuse to plead, the plea of "not guilty" shall be entered, and the trial shall proceed. The respondent shall at all times during the trial, except as hereinafter provided, have the right to produce testimony and that of witnesses and to make defense.²⁴

[FTN] 24. See Judicial Council Decision 504.

(2) The court may recess from time to time as convenience or necessity may require. During the time of recess, the members of the trial court shall be instructed that under no circumstance will they speak to one another or to others about the trial or observe media reports regarding the case. When, in consultation with counsel for both parties, the presiding officer finds it advisable, the members and reserves shall be sequestered. Threatening or tampering with the trial court or officers of the trial court shall be considered disobedience to the Order and Discipline of The United Methodist Church.

(3) If in any case the respondent, after due notice (twenty [20] days) has been given, shall refuse or neglect to appear at the time and place set forth for the hearing, the trial may proceed in the respondent's absence. However, if in the judgment of the presiding officer there is good and sufficient reason for the absence of the respondent, the presiding officer may reschedule the trial to a later date.

(4) In all cases, sufficient time shall be allowed for the person to appear at the given place and time and for the respondent to prepare for the trial. The presiding officer shall decide what constitutes "sufficient time," but in no case shall this time be less than twenty (20) days (see ś 2627.2).

(5) The court shall be a continuing body until the final disposition of the charge. If any member of the court shall be unable to attend all the sessions, that person shall not vote upon the final determination of the case, but the rest of the court may proceed to judgment. It shall require a vote of at least nine members of the court to sustain the charges.

(6) All objections to the regularity of the proceedings and the form and substance of charges and specifications shall be made prior to or at the first session of the trial. The presiding officer, upon the filing of such objections, shall, or by motion may, determine all such preliminary objections and may dismiss the case or in furtherance of truth and justice permit amendments to the specifications or charges not changing the general nature of the same. But after the trial court is selected as provided for in ś 2627.1c and convened for the trial, the authority of the presiding officer shall include the right to set reasonable time limits, after consultation with counsel for the Church and counsel for the person charged, for the presentation of the case, provided such time is equal for both. The authority of the presiding officer shall be limited to ruling upon proper representation of the Church and the person charged, admissibility of evidence, recessing, adjourning, and reconvening sessions of the trial, charging the members of the trial court as to the Church law invovled in the case at the beginning of the trial and just before they retire to make up their verdict, and such other authority as is normally vested in a civil court judge sitting with a jury, but he or she shall not have authority to pronounce any judgment in favor of or against the person charged other than such verdict as may be returned by the trial court, which body shall have the exclusive right to determine the innocence or guilt of the person charged.

(7) Objections of any party to the proceedings shall be entered on the record.

(8) No witness afterward to be examined shall be present during the examination of another witness if the opposing party objects. Witnesses shall be examined first by the party producing them, then cross-examined by the opposite party and may be questioned by members of the trial court, with the approval of the presiding officer. The presiding officer of the court shall determine all questions of relevancy and competency of evidence.

(9) The presiding officer shall not deliver a charge reviewing or explaining the evidence or setting forth the merits of the case. The presiding officer shall express no opinion on the law or the facts while the court is deliberating, except that at the request of the jury, with the consent of both counsels and in the presence of all parties in interest, the presiding officer may offer interpretation of the provisions of the Book of Discipline. The presiding officer shall remain and preside until the decision is rendered and the findings are completed and shall thereupon sign and certify them.

(10) The testimony shall be taken by a stenographer, if convenient, or recorded by other appropriate means and reduced to writing and certified by the presiding officer and secretary. The record, including all exhibits, papers, and evidence in the case, shall be the basis of any appeal that may be taken.

(11) A witness, to be qualified, need not be a member of The United Methodist Church.

(12) The presiding officer of any court before which a case may be pending shall have power, whenever the necessity of the parties or witnesses shall require, to appoint, on the application of either party, a commissioner or commissioners, either an ordained minister or a layperson or both, to examine the witnesses; provided that three days notice of the time and place of taking such testimony shall have been given to the adverse party. Counsel for both parties shall be permitted to examine and cross-examine the witness or witnesses whose testimony is thus taken. The commissioners so appointed shall take such testimony in writing as may be offered by either party. The testimony properly certified by the signature of the commissioner or commissioners shall be transmitted to the presiding officer of the court before which the case is pending.

(13) All sessions of the trial shall be closed. However, upon written request to the presiding officer by the respondent, the trial shall be open. Also, the trial may be opened by the presiding officer, upon written request of either the counsel for the Church or the counsel for the person charged, to family of the person charged, or family of people who brought charges to the Church, and/or to other personally significant people. This does not include, however, the deliberations of the trial court, which shall be closed. In addition, the presiding officer may, in his or her judgment on motion of counsel for either party or on the presiding officer's own motion, declare a particular session of the court to be closed. At all times, however, in the hearing portion of the trial, the presiding officer, the members of the trial court, the person(s) bringing the complaint, the person representing the Church as well as counsel for the Church, the person charged, and counsel for the person charged shall have a right to be present.

2. Trial of a Bishop--a) The president of the College of Bishops of the jurisdictional or central conference--or in case the person charged is the president, the secretary of the college--shall proceed to convene the court under the provisions of ś 2626.2a.

b) The president of the College of Bishops (or in the case the person charged is the president, the secretary) may preside or designate another bishop to serve as presiding officer.

c) The trial court shall be convened as provided in ś 2626.2b, with the pool of thirty-five (35) or more persons to consist of elders in full connection named by the College of bishops in approximately equal numbers from each episcopal area within the jurisdictional or central conference. Special consideration should be given so that the pool includes persons representative of racial, ethnic, and gender diversity.

d) Counsel for the Church shall be a bishop or another elder in full connection.

e) The trial court shall at the conclusion of the proceedings send all trial documents to the secretary of the jurisdictional or central conference, who shall keep them in custody. If an appeal is taken, the secretary shall forward the materials forthwith to the secretary of the Judicial Council. After the appeal has been heard, the records shall be returned to the secretary of the jurisdictional or central conference.

f) A bishop suspended from office shall have claim on the Episcopal Fund for salary, dwelling, pension, and other related benefits. A bishop removed from office shall have no claim upon the Episcopal Fund for salary, dwelling, pension and other related benefits from the date of such removal.

g) For the purpose of this paragraph, the United Methodist bishops in Europe shall constitute one College of Bishops.

3. Trial of a Clergy Member of an Annual Conference, Local Pastor, Clergy on Honorable or Administrative Location, or Diaconal Minister--a) The bishop of the respondent shall proceed to convene the court under the provisions of ś 2626.3a.

b) The bishop shall designate another bishop to be presiding officer.

c) (1) The trial court for a clergy member shall be convened as provided in ś 2626.3a, with the pool of thirty-five (35) or more persons to consist of elders in full connection. If there are not enough persons in appropriate categories in an annual conference to complete the pool, additional persons may be appointed from other annual conferences. All appointments to the pool shall be made by the district superintendents. Special consideration should be given so that the pool includes persons representative of racial, ethnic, and gender diversity.

(2) The trial court for a local pastor shall be convened as provided in ś 2626.3a and shall consist of a pool of thirty-five (35) or more persons who shall be local pastors or, when necessary, clergy members of the annual conference. All appointments to the pool shall be made by the district superintendents. Special consideration should be given so that the pool includes persons representative of racial, ethnic, and gender diversity.

(3) The trial court for a diaconal minister shall be convened as provided in ś 2626.3a and shall consist of a pool of thirty-five (35) or more persons who shall be diaconal ministers or, when necessary, members of the Church. Special consideration should be given so that the pool includes persons representative of racial, ethnic, and gender diversity.

d) Counsel for the Church shall be an elder in full connection as provided in ś 2627.1f.

e) The trial court shall at the conclusion of the proceedings send all trial documents to the secretary of the annual conference, who shall keep them in custody. Such documents are to be held in a confidential file and shall not be released for other than appeal or new trial purposes without a signed release from both the clergyperson charged and the presiding officer of the trial court that tried the case. If an appeal is taken, the secretary shall forward the materials forthwith to the president of the court of appeals of the jurisdictional or central conference. If a president has not been elected, the secretary shall send the materials to such members of the court of appeals as the president of the College of Bishops shall designate. After the appeal has been heard, the records shall be returned to the secretary of the annual conference unless a further appeal on a question of law has been made to the Judicial Council, in which case the relevant documents shall be forwarded to the president of that body.²⁵

[FTN] 25. See Judicial Council Decision 751.

4. Trial of Lay Member of a Local Church--a) The district superintendent of the person charged shalal proceed to convene the court under the provisions of ś 2627.1.

b) The district superintendent may be the presiding officer or may designate another elder in full connection to preside.

c) The trial court shall be convened as provided in ś 2627.1c, with the pool of thirty-five (35) or more persons to consist of lay members of local churches other than the local church or the charged layperson within the same district. Appointments to the pool shall be made by the district superintendent, who may consult with the district lay leader. Special consideration should be given so that the pool includes persons representative of racial, ethnic, and gender diversity.

d) Counsel for the Church shall be a lay or clergyperson who is a professing member of The United Methodist Church.

e) The person charged may request a change of venue. This shall be a written request to the officers of the court within ten (10) days of receipt of notice to appear for trial. The presiding officer shall rule upon the request after hearing argument for the defense and the Church. If the motion is approved, the presiding officer shall name another district wherein the trial shall be held and shall notify the district superintendent, who shall convene the court. The thirty-five (35) member pool shall consist of lay members from that district. The cost of prosecution shall be borne by the annual conference.

f) If the trial court finds that the charges are proven by clear and convincing evidence, then it may impose such penalties as it may determine, including that the membership of the charged layperson in The United Methodist Church be terminated; provided that the trial court shall first consider other remedies that would fulfill the provisions of ś 221.

g) The trial court shall, at the conclusion of the proceeding, deposit all trial documents with the secretary of the charge conference. If an appeal is taken, the secretary shall deliver all documents to the district superintendent. After the appeal has been heard, the records shall be returned to the custody of the secretary of the charge conference.²⁶

[FTN] 26. See Judicial Council Decision 751.

1996 Discipline ¶ 2627