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Summaries of the Clergy Files
Attorneys representing the Archdiocese, insurance carriers and the plaintiffs have been conferring regularly under the coordination of the Superior Court of Los Angeles in an effort to reach a fair and just resolution of the more than 500 sexual abuse lawsuits filed against the Archdiocese.
To expedite this process, the Archdiocese proposed, and all parties agreed to, a procedure that makes use of "proffers:" documents summarizing the pertinent contents of Church files for clergy and others alleged to have abused minors. The intent was to provide information essential to reaching settlements while at the same time maintaining the Church's duty to protect certain spiritual communications by priests and parishioners that were conducted with the expectation of complete confidence.
The proffers reflect the knowledge of Archdiocesan officials of complaints made against the alleged offenders and how officials responded to those complaints. The goal is to address the legal question of "notice," a crucial issue in determining the legal responsibility of the Archdiocese for actions of its clergy, employees or volunteers.
After attorneys for the Archdiocese prepared the proffers, the Court compared each one with the file so that there was independent verification of its accuracy. The proffers were then provided to attorneys for the plaintiffs.
As another means of promoting healing and in response to suggestions from abuse victims, the Archdiocese intended to make the proffers public.* However, attorneys for some of the accused priests objected, filing an appeal with the California Court of Appeal.
After consideration, the Court of Appeal issued a ruling that the Archdiocese could not make the proffers public. The Court did, however, clear the way for release of some of the information from the Clergy Files upon which the proffers were based.
Based on this action, the Archdiocese published an Addendum to the Report to the People of God, containing information about programs to safeguard children and summaries of the Clergy Files for priests and others named in lawsuits. These summaries contain much of the information in the proffers.
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| * In explaining the matter lead attorney J. Michael Hennigan said: "The alleged offenders object to any disclosure of their names or any aspect of the events associated with the allegations until proven in a fair and impartial trial. While respecting its obligations to preserve the confidence of people, the Archdiocese wishes to make public the history of its evolving understanding of and reaction to sexual abuse in the Church so that our Catholic people and other members of our society can understand the true nature of this awful scandal. Public disclosure of the proffers is essential if we are to understand the problem and take the necessary corrective measures to ensure this part of our history does not repeat itself." |
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