2616. Declaratory Decisions--1. The Judicial Council, 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.6
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 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 conferences, 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.7
3. When a declaratory decision is sought, all persons or bodies who have or claim any interest which 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.8
6See Judicial Council Decisions 106, 172, 301, 434, 443, 454, 463, 474, 566.
7See Judicial Council Decisions 29, 212, 255, 301, 309, 382, 452, 535.
8See Judicial Council Decision 437.
General Conference Webmaster: Susan Brumbaugh
PETS Creator: John Brawn
1992 Book of Discipline: ¶ 2616
1996 United Methodist General Conference