Report of The General Commission on Religion and Race Regarding the Trial of Bishop Minerva Carcaño
*featured photo by Paul Jeffrey, UM News
November 3, 2023
The trial of Bishop Minerva Carcaño was held September 19-22, 2023, in Glenview, IL. The General Secretary and two Board members of The General Commission on Religion and Race (GCORR) attended the entire trial as official observers. Other observers included representatives from The General Commission on the Status and Role of Women and MARCHA (Methodists Associated Representing the Cause for Hispanic/Latinx Americans).
This matter originated in the Western Jurisdiction, but Bishop Alfred Wesley Gwynn, Jr., the Presiding Officer, granted a change of venue to the North Central Jurisdiction (NCJ), resulting in the trial being held at the Wespath offices in Glenview, IL. Due to the venue change, the trial court (hereinafter referred to as “jurors”) consisted of ordained clergy from the NCJ, as per The United Methodist Church (UMC) Book of Discipline.
Based on our observations, detailed below, the trial was conducted fairly.
Selecting the Trial Court
The jury pool was diverse, and the method of seating jurors was fair. Each juror remained anonymous and was referred to by a juror number during selection. Random numbers were used in seating the pool in the courtroom. Although we don’t know how the numbers were assigned, the Court Secretary, Rev. R. Preston Price, publicly drew the names for seating the initial 23 jurors in the jury box. The final jury of seven men and six women were selected from the 23 jurors.
As reported by The United Methodist News Service on September 22, 2023*, the racial composition of the jury consisted of four Asian Americans, three Black individuals, three white individuals, two Hispanic individuals, and one person of mixed race. The jury comprised one deacon and 12 ordained elders. While the ages remain undisclosed, there seemed to be some age diversity. The two alternates, one Asian and one white woman, were both released from jury duty at the conclusion of the evidence presentation and did not partake in the deliberations.
* Church finds bishop not guilty, by Heather Hahn, September 22, 2023
Diversity of Participants
There were three “tables” during the proceedings: the Presiding Officer (Judge) table, Counsel for the "Church" table, and Bishop Carcaño's (Respondent) table. These tables lacked racial diversity, with only two of the eight individuals being people of color - the Respondent, a Hispanic/Latina woman, and one of her counsel, a black man. Additionally, the tables were not gender diverse: only two of the eight individuals were women.
The Church presented a total of 12 witnesses, including four complainants. This group comprised one Asian man, three white men, two Hispanic/Latino men, and six white women.
The Respondent put forth five witnesses, comprising one black woman, two white women, one Filipino man, and the Respondent herself—a Hispanic/Latina woman, who testified during the proceedings.
The Presiding Officer
Bishop Gwynn, Jr., a retired bishop from the Southeastern Jurisdiction, presided fairly over the proceedings. No evidence of bias in rulings or demeanor was observed, and he managed jury questions impartially. Of 37 questions from the jury that he reviewed for relevance; he rejected only three.
The Charges
There were four charges presented at trial:
Charge One: disobedience to the order and discipline of The United Methodist Church (Book of Discipline (BOD), ¶ 2072(d) (2016)).
Charge Two: relationships and/or behavior undermining the ministry of another pastor (BOD, ¶ 2072(f) (2016)).
Charge Three: harassment including racial and/or sexual harassment (BOD, ¶ 2072(j) (2016)).
Charge Four: fiscal malfeasance (BOD, ¶ 2072(l) (2016)).
The Trial/Evidence
According to the evidence produced at trial, the charges stemmed from the following conflicts:
The Bishop’s periodic use of a San Francisco parsonage belonging to Park-Presidio UMC;
Decisions around development of former Trinity UMC (across from the campus of the University of California in Berkeley);
The hiring of Bishop Carcaño's daughter as a part-time administrative assistant;
Request of a young clergywoman for 12-week maternity leave overlapping her appointment as a church planter in 2020;
Allegations that Bishop Carcaño attempted to "dig up dirt," on some conference staff who opposed her decisions.
Verdict
After three days of evidence from both sides, with a total of 17 witnesses, the jury unanimously found Bishop Carcaño not guilty of all four charges. There was no indication that this jury was biased for or against either side.
GCORR Concerns
GCORR remains concerned about the apparent lack of fair process and transparency leading up to the trial, as indicated in our letter to the Western Jurisdiction College of Bishops on April 27th*. To avoid similar concerns in future cases, the following questions, for example, need to be considered:
Does a lack of racial, ethnic, and gender diversity on decision-making Committees contribute to actual or perceived lack of fairness?
How are conflicts of interest and perceived conflicts determined during consideration of matters such as the Carcaño matter?
Given The UMC requirement of innocence unless proven guilty (BoD, Par. 2701) how can the dignity of Complainants and Respondents be preserved during such a process?
What facts should justify a denomination-wide suspension that prohibits a Respondent from attending a UM church, taking communion, attending funerals?
Frank answers to these and other questions may inform the need for changes to The Book of Discipline, including Paragraph 413. GCORR strongly encourages a complete review of this matter by the Church. As the denomination moves forward toward healing in the California-Nevada Conference and the entire Western Jurisdiction, at minimum, it is imperative that transparency and fair process be evident in any similar matters that arise.
*www.gcorr.org/news/urgent-request-from-gcorr-board-regarding-bishop-carcaos-suspension
Action Items
Based on the stated concerns above, GCORR recommends the following:
Intersectionality and Implicit Bias training, specifically for Annual Conference and Jurisdictional Committees on Investigation/Episcopacy and Jurisdictional Nominations Committees.
Conflicts of interest and perceived conflicts of interest training for the Colleges of Bishops and all Annual Conference and Jurisdictional Committees on Investigation and Episcopacy.
In closing, GCORR is confident in our observations that the trial was fairly conducted. However, concerns about fractured relationships in the California-Nevada Conference and Western Jurisdiction persist, none of which have been healed with a jury verdict. GCORR remains committed to working with the College of Bishops of the Western Jurisdiction and the California-Nevada leadership in finding a path toward reconciliation.