Memorandum Number 856

SUBJECT TO FINAL EDITING


April 22, 1999

Request from the Tennessee Annual Conference for a Declaratory Decision on the Legality of the Portion of ¶ 2602 of the 1996 Discipline Which States "That a Member of the Council Whose Seventieth (70th) Birthday Precedes the First Day of the Regular Session of a General Conference Shall Be Released at the Close of That General Conference from Membership or Responsibility in the Council, Regardless of the Date of Expiration of Office."

Digest


The Judicial Council does not have jurisdiction to make a ruling on this request. Par. 2616.1 of the 1996 Discipline authorizes the Judicial Council 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...." However, ¶ 2616.2(j) authorizes an Annual Conference to request such a decision only "on matters relating to annual conferences or the work therein." This request does not relate to the Annual Conference or the work therein.

John G. Corry recused himself and took no part in the consideration of this matter.

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