UNITED STATES
National Catholic Reporteri
Brian Roewe | Apr. 23, 2015
KANSAS CITY, MO. When news broke Tuesday of Bishop Robert Finn’s resignation as head of the Kansas City-St. Joseph, Mo., diocese, a primary question asked: Did he step down on his own, or was he forced out?
The announcement from the Vatican published in its daily bulletin said Pope Francis accepted Finn’s resignation “in accordance with canon 401 para. 2 of the Code of Canon Law.” Canon 401.2 reads: “A diocesan 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.”
While it’s possible the Vatican requested Finn resign, neither the announcement nor canon 401.2 offer clear evidence to that, according to four canon lawyers who spoke to NCR.
Fr. John Beal, professor of canon law at The Catholic University of America, said canon 401.2 places the onus on the bishop to determine if his ministry is compromised beyond repair.
“I’m sure there were lots of people pushing, but the canon itself doesn’t say anything about a requested resignation. It leaves the initiative with the bishop,” said Beal, who added that, like in the military, government and corporate world, there can be a thin margin between voluntary resigning and being pushed.
At a press conference here Tuesday, Teresa White, an abuse survivor who was part of a 2008 settlement with the diocese, said it was important to know if Finn was forced out.
“I want full accountability, I don’t want partial accountability,” she said. “I don’t want any more smoke and mirrors with the church. I want them to own up to their responsibilities to protect children and young people.” …
Finn is far from the first bishop to have the canon accompany his resignation. In the same bulletin, the resignation of Auxiliary Bishop José Trinidad Gonzalez Rodriguez, 71, of Guadalajara, Mexico, also referenced canon 401.2.
As the canon states, it is triggered in cases of a bishop too ill to continue in the role: for example, Bishop Donald Pelotte of Gallup, N.M., who resigned in 2008 at the age of 63 after suffering a brain injury the previous year, or Bishop Joseph Martino of Scranton, Pa., who also resigned at 63 because of what he called “bouts of insomnia and, at times, crippling physical fatigue.”
In terms of grave causes, the canon has been used in instances of illicit consecration (Bishop Isidore Fernandes of Allahabad, India, in 2013), sexual relations with adult males (Bishop Francisco Barbosa da Silveira of Minas, Uruguay, in 2009) and financial maleficence (Bishop Franz-Peter Tebartz-van Elst of Limburg, Germany, aka the “bishop of bling,” in 2014).
It has also appeared in numerous cases of bishops handling clergy sexual abuse allegations. BishopAccountability.org lists 16 bishops with ties to sexual abuse scandals who either resigned or were removed from 1991 to 2014; of those, six resignations cited canon 401.2. Among them were three Irish bishops (Brendan Comiskey of Ferns, James Moriarty of Kildare and Leighlin, and Seamus Hegarty of Derry), Bishop Daniel Walsh of Santa Rosa, Calif., and Cardinal Bernard Law of Boston.
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