James W. Holsinger MD, was elected to our church’s Judicial Council in May,
2000, and has been president of the Judicial Council since 2004, and
Whereas, the duties of the Judicial Council include “determining the legality of any action taken by any body created by or authorized by the General Conference” and the General Conference has therefore recognized as a matter of critical importance that members of the Judicial Council avoid conflicts of interest, as illustrated by the prohibition on service on other boards and agencies of the church, and
Whereas, following election to the Judicial Council in May 2000, Dr. Holsinger joined the board of trustees of the Good Samaritan Foundation (GSF) of Lexington, Kentucky, in July 2000, knowing that GSF had, three months earlier, in May 2000, become the subject of litigation by the Kentucky Conference of the United Methodist Church, and
Whereas, two former members of the Judicial Council who worked with Holsinger from 2000-2004, Sally C. Askew, Esq., and Sally B. Geis, Ph.D., stated that Holsinger never mentioned having joined an organization that was being sued by a constituent body of the United Methodist Church, nor did he at any time address possible conflicts of interest involved in being a member of the UMC's Judicial Council while engaged in significant litigation against the UMC, and
Whereas the essence of the lawsuit between the Kentucky Annual Conference and the Good Samaritan Foundation related to church property ownership issues, and the Court found there was an “express trust” on behalf of the United Methodist Church, based on the surrounding facts and circumstances, and safeguarding property trust being a central duty for United Methodist leaders to protect, and a topic of Judicial Council decisions, and
Whereas, the GSF trustees which Dr. Holsinger, member and subsequently chair of the Judicial Council, joined, and of which he became chair in 2003, were in violation of their fiduciary responsibilities as trustees of United Methodist hospital property in the amount of $20 million realized from the sale in 1995 of 330 bed United Methodist Good Samaritan Hospital in Lexington, Kentucky, to a for-profit corporation, and which trustees refused to hand over the proceeds to the rightful owners, the Kentucky Annual Conference (KAC) of the UMC, and
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