US Bishop Finn, Symbol of Church's Failure on Sexual Abuse, Resigns

By Joshua J. McElwee Brian Roewe Dennis Coday
National Catholic Reporter
April 21, 2015

http://ncronline.org/news/accountability/us-bishop-finn-symbol-churchs-failure-sexual-abuse-resigns

Bishop Robert Finn in his office in 2007 (CNS/Catholic Key/Kevin Kelly)

Country, Mo., prosecutor Jean Peters Baker, center, announces the indictments of Bishop Robert Finn and the Kansas City-St. Joseph diocese in an Oct. 14, 2011, news conference. (NCR photo/Zoe Ryan)

U.S. Bishop Robert Finn, the Catholic prelate in the U.S. heartland who became a symbol internationally of the church's failures in addressing the sexual abuse crisis, has resigned. He was the first bishop criminally convicted of mishandling an abusive priest yet remained in office for another two and a half years.

The Vatican announced Finn's resignation as head of the diocese of St. Joseph-Kansas City, Mo., in a note in its daily news bulletin Tuesday.

While the note did not provide any reason for the move, it is rare for bishops in the Catholic church to resign without cause before they reach the traditional retirement age of 75.

Finn, who is 62 and had led the diocese since 2005, was neither assigned a new diocese nor as yet given a new leadership role in the church.

Other than for reasons of health, only one other bishop among the some 200 U.S. Catholic dioceses and eparchies has resigned his role in such a manner in at least the past decade.

Tuesday's Vatican note read: "The Holy Father Francis has accepted the resignation from the pastoral government of the diocese of St. Joseph-Kansas City, Mo. (U.S.A.) presented by His Excellency Msgr. Robert W. Finn."

The announcement cites the portion in the Code of Canon Law that states that a bishop who "has become less able to fulfill his office because of ill health or some other grave cause is earnestly requested to present his resignation from office."

Francis has not named a replacement as bishop of the diocese.

While the Vatican bulletin does not indicate whether the pope appointed an apostolic administrator for the diocese, Kansas City-St. Joseph, Mo., diocesan director of communications Jack Smith said in a statement that Archbishop Joseph Naumann of Kansas City, Kan., was named as the diocese's administrator.

In a letter to addressed to the people of the Kansas City-St. Joseph diocese, Naumann asked for prayers, acknowledging the "vitality and beauty" of the community but also stating "I am also keenly conscious of some of challenges and difficulties this Diocese has suffered in recent years." He added that the role of an administrator, by its definition, "is for a very short season."

"This will not be a time for innovation or change, but a time to sustain the ordinary and essential activities of the Church and where possible to advance the initiatives that already are under way," Naumann said.

Naumann said he hoped the coming months would be "a time of grace and healing for the Diocese."

Finn's resignation will have significance beyond the borders of Missouri. The issue of holding bishops accountable has long been the largest and most provocative unresolved element in the church's handling of sexual abuse cases.

In diocese after diocese and country after country, abuse victims, parents and advocacy groups have asked why bishops who inappropriately handle dangerous priests are rarely, if ever, held accountable.

Finn's leadership has long been under question in the Missouri diocese, at least since his September 2012 conviction of a misdemeanor count of failing to report suspected child abuse in the case of a now-former diocesan priest who was producing child pornography.

Because of that incident, Finn served a two-year suspended sentence in Jackson County, Mo., and struck a deal later that year with a Clay County, Mo., judge to avoid a similar charge by entering a diversion compliance agreement that included regular meetings with the county prosecutor for five years.

Local Catholics began calling for Finn's resignation in May 2011. An online petition asking for the Vatican to remove Finn was opened in 2012 and gathered more than 260,000 signatures.

In February 2014, Kansas City Catholics engaged a canon lawyer and made a formal request that the Vatican initiate a penal process to determine whether Finn violated church law in the case of Shawn Ratigan, a then-priest of the diocese convicted of child pornography charges, whom Finn failed to report to civil authorities.

In September 2014, Archbishop Terrence Prendergast of Ottawa, Ontario, came to Kansas City for a Vatican investigation known as an apostolic visitation to interview more than a dozen people as part of an investigation into Finn's leadership.

Prendergast told those he interviewed from Sept. 22-26 that he was there on behalf of the Vatican's Congregation for Bishops.

Smith said in a brief interview Tuesday that Finn had met with Cardinal Marc Ouellet, the prefect of the Vatican's Congregation for Bishops, April 14 in Rome. The bishop, Smith said, then spoke with U.S. apostolic nuncio Archbishop Carlo Vigano on Monday, at which final details of the resignation were determined.

There "probably were conversations that went on all the way up to yesterday about when or how this transition would take place," Smith said.

The overlap of Finn's Rome visit with a meeting of the new Vatican commission on clergy sexual abuse on April 12 was a "kind of coincidence," Smith said.

Members of that commission, known formally as the Pontifical Commission for the Protection of Minors, met April 12 with Boston Cardinal Sean O'Malley, the president of the commission and a member of Francis' Council of Cardinals.

Commission member Peter Saunders said in an interview Tuesday that the members discussed Finn's case at the meeting.

"I believe that there was already some movement on the Finn case, from what Cardinal O'Malley said, so I think this was going to happen," Saunders said. "But maybe we were in some small way instrumental in ensuring that it did."

While the Vatican bulletin does not say Finn was removed from office (instead, it says the pope accepted his resignation), such moves are still rare in the church.

The last Catholic prelate to be removed from diocesan office was Paraguayan Bishop Rogelio Ricardo Livieres Plano, whom Francis removed in September mainly over accusations that he had not adequately managed his diocese and had caused strife with other prelates.

The last U.S. bishop who resigned at such an early age was former Scranton, Pa., Bishop Joseph Martino, who resigned in 2009 at age 63 mainly over concerns that he was mismanaging and was divisive in his diocese.

Cardinal Keith O'Brien, the former archbishop of St. Andrews and Edinburgh, Scotland, who resigned in 2013 after admitting to sexual misconduct, on March 20 resigned "the rights and privileges of a cardinal." Those include advising the pope, holding membership in Vatican congregations and councils, and electing a new pope.

The news of Finn's resignation was met with relief in Kansas City.

"It has been a hard time, a painful time for our diocese," said Fr. Michael Roach, a priest of more than 30 years in the Kansas City-St. Joseph diocese.

"In this Easter time, a time of new life, we are grateful that our diocese will be able to begin a time of healing and coming together," Roach told NCR.

The diocese's struggles had caused discontent and concern even among some of Finn's highest-ranking officials, with one saying in an interview recently that after the bishop's departure, the diocese would need concerted efforts focused on healing.

Jude Huntz, who served as the diocese's second-in-command from 2011 until August 2014, said Finn's successor would have to "take on the task to bring healing for everybody involved."

"I think that's what everybody needs the most," Huntz said. "It's been painful for everybody. I don't think anybody has been exempt. It's been a hard thing for everybody to endure."

The former chancellor of the diocese also said healing efforts could not be led by just one individual.

"Everybody has got to kind of come together in some sort of a liturgical and communal way just to bring healing," he said. "This isn't just about sex abuse. This is about a whole lot of other things that are ideological."

May would have marked Finn's 10th anniversary as bishop in Kansas City.

Pressure on Finn to resign began in the spring of 2011, when it became public that diocesan officials had months before found suspect photographs of children on a computer owned by Ratigan, then the pastor of St. Patrick Parish in North Kansas City, Mo., but had not contacted civil authorities.

In January 2011, Finn removed Ratigan as pastor and sent him for evaluation and counseling. But by late winter, Ratigan was assigned as a chaplain to a sisters' convent and to live with a group of Vincentian priests in a suburb east of Kansas City.

There was no known supervision of Ratigan, and he remained in contact with families from his former parishes, attending family gatherings and meals. It was later learned that Ratigan used these occasions to take images of children using his cellphone, some of them questionable.

Ratigan was found guilty in federal court in September 2013 of producing child pornography and sentenced to 50 years in jail. He was laicized in January 2014.

Questions about Finn's handling of the Ratigan case emerged during the Prendergast investigation, according to Fr. Pat Rush, pastor at Visitation Parish in Kansas City.

Rush, who was interviewed as part of the apostolic visitation in September, told NCR that the Canadian archbishop asked how the accusations against Ratigan were handled, what legal advice was given, and the fallout from the conviction.

The costs of Finn's legal defense totaled $1.39 million, the diocesan paper reported in 2012. At that time, the diocese had spent nearly $4 million for other clergy sexual abuse claims.

In March 2014, an arbiter ruled the diocese had violated five of 19 child safety measures it agreed to as part of a 2008 settlement that awarded $10 million to 47 plaintiffs. In August of that year, a Jackson County circuit judge upheld the arbiter's decision that the diocese pay $1.1 million for breaching the terms.

"There can be no doubt that the diocese, through its leadership and higher-level personnel, failed in numerous respects to abide by the terms," Jackson County Circuit Judge Bryan E. Round said in his decision then.

In October, the diocese resolved all its outstanding historical sexual abuse claims through a $9.95 million global settlement of 30 cases -- including one which had progressed to final statements in trial.

At the time, the diocese said only one case related to Ratigan was still pending.

The cumulative amount spent by the diocese on sexual abuse claims and defense is a "staggering figure," Huntz, the former diocesan chancellor, told NCR in September. "[The Vatican] needs to see those numbers and recognize it for what it is."

Huntz also said that to offset expenses, the diocese had raised parish assessments -- the money the diocese collects from parishes -- with some "going up 33 percent." Huntz attributed higher operating costs to increased insurance payments.

"A parish can't afford those things," he said. "It's really hurting a lot of the parishes from a financial point of view."

While the pope is considered the supreme earthly authority in the Catholic church, canon law does not specify by name his ability to fire or remove diocesan bishops. It instead says that "privation" of office can be "made known to the bishop."

Highlighting that sensitive area of law, the Vatican bulletin announcing Livieres Plano's removal said Francis had "provided for the alternation of the bishop" of the Paraguayan diocese.

An Australian bishop removed by Pope Benedict XVI in 2011, William Morris, was not said to have been removed from or have resigned his office, but instead to have accepted retirement.

News of the $1.1 million judgment against the Kansas City-St. Joseph diocese prompted another letter to Pope Francis requesting an investigation of Finn.

Fr. James Connell, a Milwaukee canon lawyer who had helped local Catholics write to the Vatican in February 2014, wrote again in August of that year.

"It just struck me that it would be wise to get it documented that further court actions confirmed Finn being wrong with the way he handled things and the church really ought to be doing something about that," Connell told NCR then.