Court Rescinds Order after Rare Mistake

By Todd Ruger
Quad-City Times
October 28, 2004

http://www.qctimes.com/internal.php?story_id
=1038216&t=Local+News&c=2,1038216

A spokeswoman for the Iowa Supreme Court said Wednesday that an “honest mistake” led to the filing Tuesday of an order in which the justices agreed to hear an appeal filed by the Catholic Diocese of Davenport in two lawsuits alleging sexual abuse by priests.
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Another order filed Wednesday rescinded the Tuesday order and then denied the diocese’s request to appeal.
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The diocese contended that those lawsuits should be dismissed before coming to trial under a statute of limitations that bars old cases from being filed.
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The Supreme Court did not change its mind overnight but “intended to deny it all along,” Supreme Court spokeswoman Rebecca Colton said Wednesday of the order that appeared to grant a hearing of the appeal.

She guessed that the wrong version of the order was filed by mistake.
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“We always prepare two versions while the court is deciding,” she said. “I think the wrong copy was given to the justice and inadvertently signed.”
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“It’s rare,” she added.
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Justice David Wiggins, who was appointed to the Supreme Court in 2003, signed off on both the Tuesday and Wednesday orders regarding the request to hear appeals involving lawsuits filed by a man named James Wells and another man identified only as John Doe III.
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Diocese attorney Rand Wonio said the Wednesday order does not explain why the Tuesday order was rescinded, “so we just don’t know anything.”
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Craig Levien, the Quad-City attorney for at least 37 men alleging decades-old abuse by priests in the diocese, said the Wednesday order strengthens the message sent Tuesday when the Supreme Court declined to delay a trial that is scheduled to begin Monday.
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“This is a green light that these cases and similar cases should proceed to trial,” he added.
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About 40 people who allege sexual abuse by priests and the diocese are continuing efforts to negotiate settlements of the cases.
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The diocese has said it either will settle the cases or file for bankruptcy, but it will not allow the first lawsuit to go to trial Monday because that could exhaust the diocese’s assets, leaving nothing for later claimants.
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Todd Ruger can be contacted at (563) 383-2493 or truger@qctimes.com.