What Every Priest Should Know
Post-Dallas/Washington and Violations of Due Process
After a week at a canon law conference in Biloxi, and a weekend in Miami to discuss some projects with Pat Madrid, I’m finally back at the computer and Catholic Light. I had intended to blog on the following topic as soon as I got back, and as I opened the email messages that accumulated during my absence, I discovered that one of my Catholic Light teamates was hoping that I would blog on this subject as well. So here goes… Basically, here’s what a number of canonists have been able to assemble as sort of a canonical equivalent to Miranda Rights, based upon current jurisprudence and practice of the Holy See, as well as observation from the ground level, although admittedly it is still pretty much a work in progress
First of all, and this is sad to say, if you’re falsely accused, don’t give any statement to your Bishop, your religious superior, and especially not to any member of the board without first talking to a civil lawyer and a canon lawyer — specifically one who is not employed by your diocese or religious institute. If the diocese tries to pressure you, insist upon your right to civil and canonical representation, and insist upon the presence of your civil and canon lawyer when giving any statement.
Secondly, you cannot be compelled to testify against yourself.
Thirdly, you cannot be compelled to undergo psychological or psychiatric evaluation, not even under pain of obedience, and especially of the more intrusive kind.
Fourthly, you have the right to insist upon the presence of a priest, as well as the Promoter of Justice, before any review board.
Fifth, no penalty in this process, especially of a perpetual kind, can be imposed by administrative decree. Insist upon a judicial process.
Sixth, if you have previously undergone any psychiatric or psychological treatment, these records cannot be used in a judicial process without your consent.