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	Decision on Judge Expected This Week By Kevin O'Connor Rutland Herald May 16, 2006 http://www.rutlandherald.com/apps/pbcs.dll/article? AID=/20060516/NEWS/605160365/1004/EDUCATION05 Vermont's Catholic Church may soon receive a decision on its call to bar the judge who oversaw a record $965,000 settlement against it from presiding over 19 more priest misconduct lawsuits. In a motion made public Monday, church lawyer David Cleary claims Judge Ben Joseph's rulings in the recent civil case of Michael Gay, 38, of South Burlington, versus the Rev. Edward Paquette have jeopardized the statewide Diocese of Burlington's ability to receive fair hearings in the future. "There exists substantial doubt regarding the impartiality of Judge Joseph," Cleary begins his 32-page motion against the judge. Cleary questions many of Joseph's rulings and comments, such as when the judge asked why the diocese had announced a parish closing and consolidation plan one month before the scheduled start of the trial. The lawyer believes Joseph "clearly was indicating that in his view, the diocese was attempting to create sympathy." Cleary claims the state judge wouldn't let religious officials rely on Universal Roman Catholic Church law, noting Joseph told a treasurer he was "not as forthcoming frankly as he might have been" when asked about diocesan assets. "The court here is basically prohibiting the treasurer of the Catholic institution from applying the internal rules of governance to his opinions regarding ownership interests in various properties," the lawyer writes. But most damaging, Cleary says, was the judge's removal of a gag order after the settlement. That led to a torrent of news reports in which the church admitted it knew Paquette had molested boys in two states when it assigned him to parishes in Rutland in 1972, Montpelier in 1974 and Burlington in 1976. The diocese faces 14 more lawsuits against Paquette. Cleary questions how the church will find an impartial jury to hear future cases. In his motion, the attorney wants Joseph to recuse himself from dealing with any more of the lawsuits or be removed by the state's chief administrative judge. If the judge agrees to step down, the matter is settled. If not, the motion goes to the state's chief administrative judge, Amy Davenport, who will make a final decision. Joseph made no comment or ruling on the motion Monday, but will "probably in the next day or so," chief deputy court clerk Carmen Cote said. Lawyer Jerome O'Neill, representing all the accusers, dismissed the church's call for a new judge. "It's another illustration of the diocese deciding they're above the law," O'Neill said Monday. Whoever ultimately hears the cases will face a handful. The diocese also faces one lawsuit each involving former Vermont priest James Dunn; James McShane, the subject of a $120,000 settlement in 2004; George Paulin, the subject of a $20,000 settlement in 2003; and two cases against Alfred Willis, the subject of a $150,000 settlement in 2004. Contact Kevin O'Connor at kevin.oconnor@rutlandherald.com.
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