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  Levada Agrees to Federal Jurisdiction in Deposition

By William McCall
The Associated Press, carried in San Luis Obispo Tribune [Portland OR]
August 10, 2005

PORTLAND, Ore. - San Francisco Archbishop William Levada agreed Wednesday to waive diplomatic immunity and answer questions about sex abuse by Roman Catholic priests after he takes over the Vatican post formerly held by Pope Benedict XVI.

Levada, 69, is heading to Rome to take over as prefect of the Congregation for the Doctrine of the Faith, the official guardian of Catholic doctrine. He replaces German Cardinal Joseph Ratzinger, who held the post for 24 years before he became pope in April.

During a farewell Mass last Sunday in San Francisco, Levada was served with a subpoena to take his deposition on Friday.

But Erin Olson, a Portland attorney who represents Oregon victims of alleged priest sex abuse, said Wednesday that Levada has agreed to accept U.S. Bankruptcy Court jurisdiction over his deposition after he assumes his Vatican post.

The agreement restores the original plan to take the deposition in January that Levada had rejected by refusing to agree to certain conditions, including whether he would waive any claim of diplomatic immunity after taking his post in Rome and would allow the bankruptcy court to determine the scope of the questions.

"He now has personally signed acceptance of receipt of the subpoena and he has agreed that U.S. courts will have jurisdiction and that the subpoena will be legally enforceable," Olson said.

In a copy of a court document Levada signed on Wednesday, he agreed that "I understand that by executing this document, I am accepting service of a subpoena that may be enforced through the courts of the United States."

U.S. Bankruptcy Judge Elizabeth Perris in Portland will rule on any issues raised before the deposition and will rule directly if any arise during the deposition, Olson said.

The date will be set between Jan. 5-9, depending on the schedules of the court, the archbishop and the attorneys. It will be held in San Francisco at a location to be determined, Olson said.

Levada, a fourth-generation Californian, was archbishop in Portland from 1986-95 before he left to lead the Archdiocese of San Francisco.

In July 2004, the Archdiocese of Portland became the first Catholic diocese in the nation to declare bankruptcy, citing sex abuse lawsuits seeking more than $155 million in damages.