Posted on 11/11/2007 10:51:12 AM PST by Alex Murphy
CHICAGO — A prominent Chicago bishop is suggesting legal changes that would shield Roman Catholic institutions from paying excessive damages in sex-abuse lawsuits, which he says jeopardize the mission of the church.
Auxiliary Bishop Thomas Paprocki, a civil and canon lawyer, recently suggested in a homily to Catholic lawyers and judges that decisions to award large sums to victims of clergy abuse place an excessive burden on the free exercise of religion for American Catholics.
"This burden needs to be lifted," Paprocki said during a special Mass for judges and attorneys in Grand Rapids, Mich., last month. "The settlement or award of civil damages is punishing the wrong people, namely the average parishioner or donor whose financial contributions support the church but who have no role in the supervision of clergy," he said.
To remedy that, Paprocki has suggested reviving some of the safeguards of charitable immunity, a judicial doctrine that fell out of favor in the middle of the 20th century because it shielded nonprofits from suits for negligence and abuse.
Paprocki plans to address the topic at the University of Notre Dame this month. If received well, he hopes Catholic lawyers, legislators and judges can help shape changes that will be fair for both the church and survivors of abuse.
But victims of clergy sex abuse and their advocates say it's way too soon to discuss the church's losses when so many abuse victims have yet to come forward about their own.
"Many of the bishops basically abandoned their responsibilities to their flock, and why should we now have confidence in them that they will not do so in the future?" said Robert Bennett, a Washington lawyer and former head of the bishops' National Review Board. "Enough time has not gone by yet. And I believe that being exposed to legal remedies will keep them honest in the future."
Paprocki describes the evolution of the church's sex-abuse crisis in three phases. Before 1960, the church treated the sexual abuse of minors as a moral failure for which penance and absolution were adequate solutions, he said. From 1960 to 1990, the approach was therapeutic, and since 1990, the approach has been primarily litigious. This has had dire consequences.
Paprocki cites the decision earlier this year to close the foster care program run by Catholic Charities after a $12 million lawsuit payout prompted the agency's insurer to drop its coverage. He also points to five dioceses — Tucson; Portland, Ore.; Spokane, Wash.; Davenport, Iowa; and San Diego — that had to file for bankruptcy.
You no doubt are in favor of lifting the comparatively low limits on damages that school districts can be forced to pay in their sexual abuse cases. Once that’s done and there’s real money to be made then the same shysters that have gotten rich suing the Catholic Church but haven’t really cared about what goes on in public schools can then place their crosshairs on them and Joe taxpayer. Maybe John Edwards might start practicing law again and cash in on that gold mine.
I’m sure the bishops could use the money elsewhere...like importing more African Mohammedans to destroy more American communities.
I expect victims to sue for damages.
I expect bishops to refuse to use parishes money to pay for their own mistakes.
I expect my expectations are too high.
If certain bishops had dealt with the cases as they arose starting in the 40s and 50s, and had stopped more from occurring, we wouldn’t be dealing with this.
We don’t need caps or limits if these things do not occur.
We are hearing waffling and doubletalk. The floor of hell is paved with whose skulls?
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