Lawyers ask court for 'continuing supervision of diocese'

Joshua McElwee
Oct. 6, 2011

KANSAS CITY, Mo. -- Alleging that the Kansas City-St. Joseph diocese broke a series of legal obligations in its mishandling of sexual misconduct by clergy, a law firm representing abuse victims today filed a formal complaint that could force the diocese to accept third-party supervision of its reporting procedures.

The complaint, filed this afternoon by attorneys Rebeccca Randles and Jeff Anderson, alleges that the diocese broke a 2008 settlement between the diocese and 47 victims of sexual abuse which put in place a series of commitments the diocese had agreed to follow in its sex abuse reporting policies.

Speaking in a phone interview, Randles said her firm decided it had to pursue a formal arbitration process with the diocese over the 2008 agreement to ensure that future cases of misconduct are not mishandled.

The lawyers are asking for "continuing supervision" of how the diocese responds to cases of sexual misconduct, she said, and are "looking for a mechanism to enforce the provisions of the settlement agreement from this day forward, so that there is some form of continuing watch-dogging."

David Clohessy, the executive director of the Survivors Network of Those Abused by Priests, called the complaint a "historic, crucial step."

"For decades bishops have made and broken promises about childrens' safety with no consequences, penalty, punishment, or enforcement," Clohessy said in a phone interview. "That has been and remains the crux of this ongoing crisis. Someone has to do something to make sure that Catholic officials do what they pledge to do."

Referring to the fact that the new complaint makes no call for additional monetary payments to the 47 victims for the possible breach of the agreement, Clohessy said the focus on the complaint is prevention of further abuse.

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Citing from a Sept. 1 diocesan-sponsored report of its handling of cases of sexual misconduct, which found that "diocesan leaders failed to follow their own policies and procedures" for responding to reports of sexual misconduct, the complaint says that report acts as an "admission by defendants" of their breaking the 2008 agreement.

Today's complaint calls for the circuit court of Jackson County, Mo., where diocesan headquarters are located, to force the diocese to enter into arbitration over the possible violations and to "compel compliance" with the 2008 agreement.

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Media reports have indicated that grand juries in Jackson County, Mo., and Clay County, Mo., are also investigating the matter and have heard testimony from Finn and Murphy.

Among the commitments made by the diocese in the 2008 agreement are vows that the diocese would report sex abuse allegations to law enforcement "at the request of the victim" and that it would follow its own published policies regarding reports of sex abuse. While the original agreement also awarded $10 million between the 47 victims, today's complaint does not seek additional monetary relief.

Much of the controversy surrounding the diocese's response to Ratigan centers around how it treated warnings of misconduct by the priest, when it decided to remove him from ministry, and when police were notified of child pornography found on his laptop.

See full story at National Catholic Reporter