How to solve a problem like Mahony

In The Light of the Law ^ | March 25, 2007 | Edward N. Peters, JD, JCD

[NYer]

I know nothing about UCLA law professor Stephen Bainbridge beyond what I saw on a very impressive (for a civil lawyer) resume posted on his website, but his recent post on the chronic problems in the Archdiocese of Los Angeles in which he specifically calls for Cdl. Mahony's resignation is getting attention. Knowing, moreover, nothing about the underlying facts of the case except what has appeared in some secular media (a circumlocution for "I know virtually nothing about the underlying facts of this case"), I note that Prof. Bainbridge attempts to use canon law in his resignation argument, and canon law is something I do know a bit about.

1. In my opinion, Prof. Bainbridge's post falls within the bounds of 1983 CIC 212, 3. Perhaps I read Canon 212 too broadly, but I'm an American lawyer, and American lawyers don't mind a good dust-up.

2. Contrary to Prof. Bainbridge's language, it is not "curious" that there is no express provision in canon law for removal of a diocesan bishop for, as several commentators have already noted on his site, there are ecclesiologically sound ways to address that situation. I won't repeat their observations here.

3. I am uncomfortable, though, when non-canonists like Prof. Bainbridge, grappling with complex canonical issues, make unguarded statements such as "despite the absence of a clear answer in canon law", when what they should say is something like, "despite my not being able to find a clear answer in canon law" etc., etc. Prof. Bainbridge thinks that he can only muster the authority of "most observers" for his contention that surely the pope must be able to remove a bishop for the alleged grave violation of canon law. Here, though, he not only underestimates his position but, more importantly, the Church's ability to enforce her own discipline.

There is, in fact, no canonical doubt that Pope Benedict XVI has the authority to remove for malfeasance, if he so determines, a cardinal from pastoral office. One need only look to 1983 CIC 1401, n. 2 (reserving to the Church the proper right to adjudicate alleged violations of ecclesiastical law), and 1983 CIC 1405, 1, n. 2 (reserving solely to the Roman Pontiff the right to judge all c. 1401 cases involving cardinals). Additional canons support this conclusion, but given the weight of these two, there is little need to invoke them.

More than this, Pope John Paul II's 1995 removal of Msgr. Jacques Galloit as bishop of Evreux (France) proves that the Holy See can take this kind of action against a sitting bishop if it beleives it to be necessary.

For the rest, my prayers go out to all those who, sooner or later, might find themselves having to weigh this grave question on behalf of our Church.

[NYer]

Christ among the Doctors of the Law

---

Dr. Edward Peters
Edmund Cardinal Szoka Chair in Faculty Development

Dr. Edward Peters, one of the most widely-known lay canon lawyers in North America, joined the graduate faculty at Sacred Heart Major Seminary in 2005 with his appointment to the Edmund Cardinal Szoka Chair.

Born and raised in St. Louis, Missouri, Peters went to Saint Louis University on a musicianship award, majoring in Political Science (B.A. 1979). He became active in pro-life activities and Catholic discussion groups and for two years was a member of the schola cantorum of Msgr. Martin Hellriegel's renowned Holy Cross Parish in North St. Louis. Peters next attended the University of Missouri at Columbia School of Law where he took his J.D. degree in 1982. He was a Superior Oralist in Tate Hall's Moot Court, received a teaching assistantship in the law school's Legal Research and Writing Program, and began writing for religious and legal journals. After completing civil law school, he worked for two years in California for educational and Catholic television projects.

In 1985 Peters began studies in canon law at the Catholic University of America in Washington, DC. He earned his licentiate degree (J.C.L.) in 1988 and was the first canon law student to be named a Johannes Quasten Fellow at CUA. He completed doctoral course work in 1990 and defended his dissertation "Penal Procedural Law in the 1983 Code of Canon Law" in August 1991.

For the next ten years Peters served variously as diocesan Vice-Chancellor and Chancellor, Director of the Office for Canonical Affairs, Defender of the Bond, and Collegial Judge for diocesan and appellate tribunals in the Dioceses of Duluth (Province of St. Paul/Minneapolis) and San Diego (Province of Los Angeles). Throughout this time he continued writing for a wide variety of religious and secular publications (his articles and reviews have since appeared in some fifty publications) and served as canonical consultant to numerous ecclesiastical institutions and persons. During this same time, in addition to several years of adjunct teaching in canon law for pastoral and graduate programs through the University of Dallas, Peters made dozens of appearances in Catholic and secular media explaining the interplay between Church law and life.

From 2001-2005 he taught canon law and liturgy/sacraments with the (Graduate) Institute for Pastoral Theology in Ypsilanti, Michigan. These same years saw the completion of his 1917 Pio-Benedictine Code of Canon Law in English Translation (2001), the re-publication of his Annulments and the Catholic Church (2004), and the release of his textual history of the 1983 Code, Incrementa in Progressu 1983 Codicis Iuris Canonici (2005). Peters maintains a prominent educational website dedicated to ecclesiastical law, www.Canonlaw.info.

Dr. Peters and his wife Angela have six children, several godchildren, and through PIME Missionaries of Detroit, they sponsor two children overseas. Their family interests include American Sign Language, chess, astronomy, classic cinema, and good books.

[AnAmericanMother]

Interesting, but highly inconclusive.

If for some reason the Vatican doesn't want to get rid of this man, why don't they rebuke him or rein him in? The abuses in his diocese are legion.

[A.A. Cunningham]

Can. 212 §1 Christ's faithful, conscious of their own responsibility, are bound to show christian obedience to what the sacred Pastors, who represent Christ, declare as teachers of the faith and prescribe as rulers of the Church.

§2 Christ's faithful are at liberty to make known their needs, especially their spiritual needs, and their wishes to the Pastors of the Church.

§3 They have the right, indeed at times the duty, in keeping with their knowledge, competence and position, to manifest to the sacred Pastors their views on matters which concern the good of the Church. They have the right also to make their views known to others of Christ's faithful, but in doing so they must always respect the integrity of faith and morals, show due reverence to the Pastors and take into account both the common good and the dignity of individuals.

[A.A. Cunningham]

Can. 1401 The Church has its own and exclusive right to judge:

1° cases which refer to matters which are spiritual or linked with the spiritual;

2° the violation of ecclesiastical laws and whatever contains an element of sin, to determine guilt and impose ecclesiastical penalties.

Can. 1405 §1 In the cases mentioned in can. 1401, the Roman Pontiff alone has the right to judge:

1° Heads of State;

2° Cardinals;

3° Legates of the Apostolic See and, in penal cases, Bishops

4° other cases which he has reserved to himself.

§2 A judge cannot review an act or instrument which the Roman Pontiff has specifically confirmed, except by his prior mandate.

§3 It is reserved to the Roman Rota to judge:

1° Bishops in contentious cases, without prejudice to can. 1419 §2;

2° the Abbot primate or the Abbot superior of a monastic congregation, and the supreme Moderator of a religious institute of pontifical right;

3° dioceses and other ecclesiastical persons, physical or juridical, which have no Superior other than the Roman Pontiff.

[RobbyS]

The simple fact is that the Cardinal has a base of support in the United States that gives him quite a bit of independence. The Cardinal must be guilty of an
impeachable" offense before he can be removed.

[NYer]

ROFL! Thanks ... I needed that.

[pbear8]

Will this be in next year's Music Issue?

[A.A. Cunningham]

Bumperoo

[Running On Empty]

What a gem!

Did you do that, sandyeggo?

Reminds me of that other parody using "If I Only Had A Brain" (a ditty about women wanting to be priests). Maybe someone can resurrect that one, too.

Maybe we could start a collection.

I'm waiting for encores. :-)

[Alex Murphy]

How do you solve a problem like Mahoney

You know, I could whip up a spoof song setting that title to some Rogers & Hammerstein music :D

[livius]

LOL! I'm having a mental/auditory hallucination picture of that!

[livius]

I'm getting ready to send this to some deserving friends. May I attribute it to sandyego?

[livius]

Interesting article, but I'm not sure on what grounds they would remove him. He's extremely clever, like Bill Clinton, and he also obviously has lots of friends in high places. I would imagine some of those high places are in the Vatican.

I can't believe that the Pope would be very fond of him, but Mahony did sally forth right after the election and make some comment about how he had always been close to the new Pope. It's difficult to believe that BXVI, in his Cardinal Ratzinger days, would have been a friend of Mahony's, however, and I attributed this to a sort of Vicar of Bray moment on Mahony's part.

[B-Chan]

I'd like to say a word on his behalf:
Mahony... makes... me laugh!

[AnAmericanMother]

"In good King Charles's golden days, when loyalty no harm meant . . . "

He must have photos of somebody in a house of ill repute.

I imagine that the Vatican has concluded that it's easier to just accept his mandatory resignation upon retirement than stir up a lot of controversy.

( . . . and how long is that now? I know the Vatican runs on geologic time, but the man is a scandal.)

[Running On Empty]

Getting better all the time.......

[Rodney King]

I suppose some PI skills could remove him. There is little doubt that he takes it in the rear. Someone needs to get some pictures.

[ninenot]

Good stuff!!

Or----

I smell evil,
Something evil,
And it comes
all the way
from LA!!!!!

I smell evil,
And that's all I really need to say.

Who's that mitred sep-ul-chre over there? (what mit-re/where?)

Who can that most fetid smell beeee?

Such a drawn-out face,
Such a sweaty pate,
Such a shrinking Church,
He has no Memoreeeee!!!!

I smell evil (Etc.)

Music by Lenny B/West Side Story.