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Tribunal court plays critical role in canon law

By Fr. George Miller
Guest Columnist
Published January 19, 2004

Editor's note: Fr. George Miller, judicial vicar, Metropolitan Tribunal of Detroit, submitted the following to explain the process involving dismissal from the clerical state and the process involving canon law.

In matters concerning sexual abuse, the diocesan bishop is obliged to follow the universal law of the Church, law as it relates to the Church in the United States as well as his own diocese's sexual abuse policy.

When an allegation of sexual abuse has been made to the diocesan bishop, he is to act upon the allegation in a serious and expeditious manner. He must fulfill civil reporting, requirements. He must also determine whether or not the allegation has the semblance of truth to protect against false accusations. A preliminary investigation, which is not a trial, is conducted to determine the facts, circumstances, and imputability. This preliminary investigation is conducted by the bishop's delegate as well as the diocesan Review Board that has been established for this purpose. Normally, the accused is removed from active ministry for the duration of the entire process.

Upon completing the preliminary investigation, the bishop must send the results to the Vatican's Congregation of the Faith (CDF). After considering the bishop's recommendations, the CDF determines how the matter will proceed. The CDF will make one of the following responses:

1. the CDF may determine that a judicial trial is to be conducted in the diocesan tribunal;
2. the CDF may determine to conduct it's own trial in Rome;
3. the CDF may direct the diocesan bishop to handle the matter through an administrative process;
4. the CDF may recommend to the Holy Father that the priest be removed immediately from the clerical state.

If a judicial trial is to be conducted in the diocesan tribunal, the case will be heard by a court consisting of at least three judges, a promoter of justice, and a notary. Normally, all of these individuals will be priests and all will have advanced degrees in the Church's Canon Law. The diocesan bishop entrusts the case to the Promoter of Justice who presents the accusation to the tribunal and functions in a manner similar to a prosecuting attorney in a civil case. The court accepts the petition and the judges will make a decision based on the evidence of the case and will impose penalties if applicable.

The accused must be given a canonical advocate and has the right to know the charges, to submit proofs and a defense, and to challenge the final decision through an appeal to the CDF.

The purpose of the trial is to determine whether or not there has been a violation of the Church's Law regarding sexual abuse of a minor and, if so, to determine what just penalty should be imposed on the individual. In the United States, the penalty mandated for this particular crime is that the priest is permanently removed from ministry.

The general outline of the procedures in a canonical trial include:

1. a petition is made to the court by the promoter of justice;
2. the parties are summoned;
3. the issue to be considered is determined;
4. the proofs (evidence) are collected:
   1. the declarations of the parties (accuser, accused)
   2. documentary proof, if any
   3. witness testimonies
   4. expert testimony, if needed
5. the Acts of the case are published (examination of the testimony by the promoter of justice and by the accused and His canonical advocate);
6. the collection of evidence is concluded;
7. written briefs are prepared by the promoter of justice and the accused;
8. the judges discuss the evidence of the case and a decision is made. A sentence is written which decides the case and the imposition of penalities according to the law;
9. the acts of the case are forwarded to the CDF for any possible appeal by the accused or by the Promoter of Justice.

The purpose of a canonical trial is to prosecute or vindicate the rights of persons, to determine juridical facts and to impose or declare penalties for offenses when there has been a violation of Church Law.

In any proceedings, members of the tribunal have the obligation to treat all persons with dignity and respect, to protect the rights of all parties, and to keep in mind that those claiming abuse are hurting as a result of the tragedy of sexual abuse of minor children. The court takes seriously its great responsibility to safeguard our children by adjudicating any case following proper procedures and in an expeditious manner.

In dealing justly with those found guilty of sexual abuse of a minor, not only will justice prevail, but the spiritual integrity of the whole church will be preserved. Hopefully, healing of the one who has been abused will also be advanced. The church recognizes that its obligation toward those who have been abused does not end with the dismissal of the offender from the ordained ministry, but that means of assisting those harmed be made for the healing of the victim of abuse and for the salvation of souls.

Submitted by Very George P. Miller, JCL
Judicial Vicar

Fr. George Miller, judicial vicar, Metropolitan Tribunal of Detroit.