This week has seen one story after another about the abuse of children by Roman Catholic clergy. But so far most of these scandals have been based in either Ireland or Germany with the focus on the Vatican in Italy. But today comes news that American cases may move to the forefront again.
The Washington Post is reporting that Vatican attorneys in Oregon have appealed to the US Supreme Court to overturn a decision that their legal opponents be allowed to subpoena church documents relating to abuse cases here in the United States. Traditionally courts have ruled that American catholic priests are employees of the Pope directly and therefore free from typical rules of legal discovery.
From the story, which is found here:
If the Supreme Court declines to take up the case this summer and lets the federal appeals ruling stand, attorneys could begin subpoenaing decades of documents and calling Vatican officials under oath.
Correspondence between the Vatican and U.S. clergy has always been subject to subpoena if the documents are located in the United States, attorneys say.
Attorneys on both sides note the complexity of the cases, which at this point center on whether there are legal grounds to grant an exception to the Vatican’s immunity from lawsuits. In the Oregon case, lawyers are arguing that priests around the world are “employees” of the pope for whom he is responsible. The alleged sexual abuse and what is subject to legal discovery could take years to sort out.
“I want to know what the Vatican knew and when they knew it,” said William McMurry, who is representing alleged abuse victims in the Kentucky case. “Whether it’s letters from bishops or conversations with bishops. I want to know what [the Vatican’s doctrinal office] knew and what they instructed U.S. bishops to do. We’re trying to get what’s never beeHowever, the possibility of access to Vatican documents and officials has taken on new importance with clergy abuse cases across Europe coming closer than ever to Pope Benedict XVI. He is being scrutinized for his actions as a cardinal in Munich, where a priest accused of molesting boys was reassigned to another parish during his watch, and later when he headed the Vatican’s Congregation for the Doctrine of the Faith, which handled thousands of abuse cases.