Thursday, February 25, 2010

Catholic Diocese and Its Attorneys Held in Contempt of Court

In the wake of the ever spreading sexual abuse scandal involving the Roman Catholic Church one hears constant blather and crocodile tears from the Church hierarchy feigning sorrow and contrition for the abuse done to children and youths molested by clergy. Likewise, one hears claims by high church clerics who pretend that the Church wants to do right by victims of abuse. The truth, of course, is that talk is cheap and crocodile tears of false contrition even cheaper. Evidencing the Church's true agenda is the tooth and claw efforts to avoid liability and often the intimidation of victims and their advocates. U.S. Bankruptcy Judge Patricia Williams rightfully called out the Church and found the Catholic Diocese of Spokane, its law firm Paine Hamblen, and one of the firm’s attorneys, Gregory Arpin, in contempt of court. Why? Because they were using intimidation tactics against a court-appointed bankruptcy trustee in the Diocese's bankruptcy case aimed at avoiding pay outs to abuse victims. Here are some highlights from the Spokesman Review:
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A federal judge ruled that the Catholic Diocese of Spokane, its law firm Paine Hamblen, and one of the firm’s attorneys, Gregory Arpin, are in contempt of court for using intimidation tactics against a court-appointed bankruptcy trustee.
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U.S. Bankruptcy Judge Patricia Williams stopped short Tuesday of issuing costly sanctions, but ordered the diocese and its attorneys to pay what will be expensive legal costs of the trustee and others.
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She delivered a curt order designed to blunt future threats from the diocese while clearing the way for the trustee, Gloria Nagler, to pay people who have shown they were sexually abused by Catholic clergy.
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A $48 million settlement for victims of clergy sex abuse reached in 2007 left open what the diocese assumed would be the slight possibility of new claims, called future claims.
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There have now been at least 21 of these new claims, brought by people who say they were sexually abused by clergy decades ago – a number that has surprised the diocese and its legal team. There have been no accusations of recent abuse. Some of the claims already have been allowed by a special case reviewer, although the diocese is pursuing an appeal.
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Despite the appeal, the Bankruptcy Court judge ordered Nagler, the trustee, to proceed with payments on the future claims. Arpin sent an e-mail to Nagler threatening to sue the trustee personally if the diocese won its appeal after she had paid the claims, according to court records. Williams ruled that the e-mail constituted a threat.
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A total of 184 victims came forward to file claims. Churchgoers paid $10 million of the $48 million settlement. The diocese worries that these new claims are bogus and could drain a special $1 million fund within the settlement that must be replenished. Parish property has been pledged as collateral to ensure the settlement funds are adequate.
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The sad truth is that the only contrition that the Church and most of its hierarchy have is over the fact that they have been caught and exposed. As for the victims, in reality the Church sees them just as disposable now as when it allowed their abuse and covered up for their abusers.

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