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	Davenport Diocese Balks at Judge's Order By Ann Mcglynn Quad-City Times October 16, 2009 http://www.qctimes.com/news/local/crime-and-courts/article_addba1c8-bad5-11de-abf0-001cc4c03286.html The Diocese of Davenport is objecting to a bankruptcy court judge's order requiring it to release the names of all of the people accused of sex abuse who had claims paid out on them as part of a bankruptcy settlement. The diocese, attorney Richard Davidson wrote in a request for reconsideration, said it has already performed thorough investigations of the claims made in bankruptcy. The diocesan review board found several non-credible claims against clergy, he wrote. The diocese believes that list includes 16 people. The claimants believe that number of unnamed people sits at 23. The diocese lists 31 people who were "credibly accused" on its Web site. The review board is to be composed of at least five people of "outstanding integrity and good judgment in full communion with the Church," according to church rules. The majority are to be lay persons not employed by the diocese, but one should be an "experienced and respected" priest of the diocese and one should have expertise in the treatment of sex abuse in minors. For the Diocese of Davenport, the review board includes a retired judge, a mental health professional, a retired executive and a former board of education member. The diocese hired a private investigator to assist with the investigations. "The diocese was very conscientious and thorough in making these determinations and acted with due process for the rights of the abused as well as the accused," Davidson wrote. Furthermore, the diocese, Davidson wrote, was not aware the issue was going to be raised during the hearing and did not have time to prepare a response. And the special arbitrator who decided which claims would be paid made his determination based only on forms filed by the claimants and/or an interview. "For the court to rely solely upon the special arbitrator's allowance of claims as evidence of credible accusations deprives the diocese of due process of law," the request says. Secondly, the diocese is providing counseling to a claimant who testified at the hearing "as a matter of charity and because counseling appeared to be a matter of urgency based upon Mr. Alex's testimony." The judge's order to provide counseling to Steve Alex of Texas is contrary to the bankruptcy plan and should be rescinded, he said. The plan provides for counseling for 60 days after a person's claim is finally determined. Craig Levien, attorney for many of the claimants, said: "Charity given as the result of a court order is not charity." Alex elected to receive what was called a "convenience" claim. He was paid $10,000. He thought counseling was included and called the diocese toward the end of the summer for help. His request was declined. Alex testified that he was abused as a child at the orphanage at St. Vincent's. He told the judge he was suicidal. She ordered the counseling. "The diocese and its insurer paid or transferred assets having a value of $37 million in order to provide finality to a dark period in its history," Davidson wrote. "The court's order effectively amends the plan and requires the diocese to provide counseling on an involuntary basis to Mr. Alex, and presumably to any other claimant who might request counseling. Although the diocese has undertaken to provide Mr. Alex counseling, it cannot undertake to provide each individual claimant with additional counseling beyond what was offered in the plan." Background Judge Lee Jackwig's orders from the Oct. 7 hearing on the diocese's progress on nonmonetary agreements made in bankruptcy: * The parties must file a report fine-tuning the nonmonetary agreements by Oct. 28. Or, if an agreement is not reached, the bankruptcy settlement trustee must file a list of proposals regarding performance and effectiveness of the undertakings by Oct. 28 with a response by the diocese due Nov. 12. * The settlement trustee will provide the diocese with a list of the previously unreleased names of accused abusers that had sex abuse claims paid for in the bankruptcy settlement. The list will be posted to the diocese's Web site within five days. * The diocese must provide counseling to sex abuse victim Steve Alex, who testified at the hearing Oct. 7.
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