A Lesson for the Courts on Transparency

By Ernst-Ulrich Franzen
Milwaukee Journal Sentinel
March 9, 2015

http://www.jsonline.com/blogs/news/295679191.html

Here’s what we said in August 2013 regarding U.S. District Judge Rudolph T. Randa’s involvement in the Archdiocese of Milwaukee bankruptcy case:

“Should it matter that close family members of a federal judge hearing the Archdiocese of Milwaukee bankruptcy case are buried in archdiocesan cemeteries?

How about when this same judge ruled that the $50 million that the archdiocese holds in trust for its cemeteries was off limits in the bankruptcy case? It might matter. And that's why U.S. District Judge Rudolph T. Randa should have disclosed his connection to the archdiocese. It's the judge's responsibility to disclose potential conflicts, and on the face of it, this looks like a potential conflict.”

On Monday, a federal appeals court agreed, not only overturning Randa’s ruling that the cemetery trust fund was off limits, but arguing that Randa should have disclosed the fact that his own parents and other relatives are buried in a cemetery maintained by the fund.

Here’s what the court had to say: "The Committee argues that a reasonable person would question the judge's impartiality because he would be emotionally attached to the well being of his family members' resting places.

"The Archdiocese argues that no reasonable person would "make [that] leap in logic.”

"We think it surprising, given this litigation involves cemetery care and strongly held beliefs about the same, that the Archdiocese would give so little weight to the importance of where the deceased are buried."

We agree. We also think that in issuing this ruling, the appeals court not only opened the door a little wider for victims of clergy abuse, it also struck a blow for needed transparency in the courts. We hope Randa and other judges remember this lesson.