St. Paul Archdiocese Parishes Ask to See Abuse Claims

By Elizabeth Mohr
Pioneer Press
September 1, 2015

http://www.twincities.com/crime/ci_28740379/st-paul-archdiocese-parishes-ask-see-abuse-claims

Private, sensitive information provided by victims of clergy sexual abuse could be disseminated to more than 1,000 people across the Archdiocese of St. Paul and Minneapolis if a bankruptcy judge approves a request from parishes to expand access to confidential documents.

Attorneys representing victims oppose the broad request, saying many victims came forward hesitantly and with the understanding that the court had strictly limited who would have access to their claims, filed as part of the archdiocese's bankruptcy case.

U.S. Bankruptcy Judge Robert Kressel will hear oral arguments on the issue at 2 p.m. Thursday at the federal courthouse in Minneapolis.

The archdiocese filed for bankruptcy protection in January, citing an operating deficit and concerns about more lawsuits for clergy sexual abuse.

Pending lawsuits were put on hold, and all claims became part of the bankruptcy proceedings.

The deadline for claims to be filed with the court was Aug. 3.

At last count, 409 abuse claims were filed. Each represents a person who claims to have been sexually abused by clergy in the archdiocese and each could be entitled to a settlement as part of the church's reorganization.

As part of the vetting process, the bankruptcy court permitted certain people to review the claims.

The court issued its confidentiality terms in April. Those permitted to view the documents include: representatives and attorneys for the archdiocese, insurance companies, the creditors committee, the court-appointed mediator, any trustee selected to oversee payments to victims, law enforcement, and auditors for the U.S. Conference of Catholic Bishops. Each person must sign a confidentiality agreement.

The court approved establishment of a parish committee in May, letting parishes be official participants in the bankruptcy proceedings.

A handful of people sit on the committee representing all 187 parishes in the archdiocese, which covers a 12-county area, with about 825,000 parishioners.

The parishes had sought formation of a committee because they are considered creditors to the archdiocese, having contributed to archdiocese-managed funds and potentially liable for claims filed against the archdiocese.

The parish committee asked the court Aug. 13 to expand access to the abuse claims.

"To properly allow parishes to assess the claims asserted against them and their insurance policies, additional persons are necessary to review proofs of claim filed that implicate their particular parish," the parish committee motion said.

The parishes want access for pastors, representatives of parish finance councils, trustees and parish attorneys.

The creditors committee objected, expressing concerns "about the breadth and ambiguity" of the parishes' request.

It also had concerns that many abuse victims who filed claims are not represented by attorneys and did not receive notice of the parishes' request.

"(F)ear of public exposure is a significant barrier to the assertion or filing of sexual abuse claims," the creditors committee said in its response motion. "To allow the relief sought by the parish committee could well undermine the trust that sexual abuse claimants placed in this process by coming forward and filing claims."

Because the parishes' request does not specify who would receive the confidential claims, the creditors committee estimates that as many as 15 people in each parish could get the information, amounting to several hundred people.

"The risk of harmful disclosure of abuse survivors' confidential information rises exponentially as more individuals at the parish level are permitted access to it," the creditors committee explained in its opposition motion.

This issue is even more concerning in small parishes, where victims and their families likely still attend church and are likely to have interactions with church representatives.

As an alternative to the parishes' request, the creditors committee offered two suggestions: Only implicated parishes should receive claim information specific to their parish and related insurance coverage; and only members of parish boards should be allowed to view confidential claims via an electronic database so that the information can not be printed or shared.