A question of law is deemed proper under The Book of Discipline of The United Methodist Church when it directly pertains to the official business of an annual conference session and adheres to specific criteria established by church polity. In the UMC’s constitutional structure, a bishop’s judicial role is intentionally limited. They serve to interpret church law as it applies to concrete actions or deliberations of the annual conference, ensuring a fair and orderly process.

Initial Handling of a Request

Upon receiving a request for a decision of law, a bishop’s first responsibilities are procedural. These initial actions set the stage for a proper judicial review.

Secure a Written Copy: The bishop must get a written copy of the “Question of Law” from the individual who made the request.
Ensure Official Record: The request must be properly recorded by the Conference Secretary to become part of the official proceedings.
Determine Timing: The bishop can choose to rule immediately while the conference is in session or take up to 30 days following the session’s close to issue a ruling, as permitted by ¶ 2609.6 of The Book of Discipline. Unless the request is clearly out of order, taking the full 30 days is often a wise course of action.

For a more in-depth discussion, see A Bishop’s Guide to Decisions of Law.

The Connection Test: Is the Question Properly Before the Conference?

For a question to be considered valid, it must demonstrate a clear and direct link to the work of the annual conference. This “Connection Test,” outlined in Judicial Council Decision (JCD) 1329, has three essential components.

Substantive Connection (Germane to Discussion): The question must be relevant and pertinent to the conference’s agenda or a prior discussion. It “must relate to actual situations and must set forth the circumstances or acts upon which a specific ruling may be rendered”.
Specific Connection (Connected to Action): In addition to being relevant to the discussion, the question must also be linked to a specific action taken by the Annual Conference.
Chronological Connection (Raised During Deliberation): The question of law must be raised during the deliberation of the specific issue upon which the conference is acting.

What Makes a Question Improper?

A bishop must act as a gatekeeper, identifying and declining to rule on questions that fail to meet the established standards.

Moot or Hypothetical Questions

A foundational principle from JCD 33 (1946) states, “Moot and hypothetical questions shall not be decided”. A request must be based on “some action taken or proposed to be taken” by the conference. It is not the bishop’s duty to rule on hypotheticals or to answer requests for information that don’t involve a legal matter. If a bishop determines a question is moot or hypothetical, they “shall state the rationale in the ruling without further substantive commentary”. Furthermore, a decision cannot contain an alternative ruling based on a hypothetical scenario.

Non-Questions: Statements and Opinions

A request that is merely a statement or an opinion is not a proper question of law.

Example: “Bishop, I request a ruling of law on this conference resolution which I think violates The Book of Discipline and is a terrible idea”.

When no proper legal question is presented, the bishop may not create one.

Questions of Fact vs. Questions of Law

Bishops can rule only on questions of law. The distinction is critical.

Questions of Law are prescriptive—they ask what should be according to church law.
- Proper Example: “Bishop, I request a ruling of law on whether the Board of Trustees has a role in setting the terms and conditions of the disaffiliation agreement under ¶ 2553.4”.
Questions of Fact are descriptive—they ask what happened.
- Improper Example: “Bishop, I request a ruling of law on whether the Board of Trustees was involved in setting the terms and conditions of the disaffiliation agreement under ¶ 2553.4”.

Questions of Civil Law

Only questions of United Methodist Church law can be raised and adjudicated. Bishops and the Judicial Council do not have the authority to rule on questions of civil law, such as federal, state, or municipal codes.

Example: “Bishop, I request a ruling of law on whether the actions of the Board of Trustees violate the U.S. Internal Revenue Code”.

Improperly Presented Requests

A request is improper if it asks a bishop to rule on the “constitutionality, meaning, application, and effect” of a part of the Discipline. Such requests are essentially Petitions for Declaratory Decision, which fall under the exclusive jurisdiction of the Judicial Council and cannot be handled by a bishop. See ¶ 2610.

Examples of Commonly Raised Proper Issues

The following are common types of valid questions of law raised at conferences:

Is a conference resolution aspirational (a goal) or prescriptive (a rule)?
Does a conference resolution negate, ignore, or violate provisions of the Discipline?
Did an annual conference or one of its bodies act without proper authority?
Is a conference policy an unconstitutional delegation of power?