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  Maryland Catholic Conference Urges Catholics to Oppose Statute of Limitations Bill

By Laura Jamison
Catholic Standard
January 14, 2009

http://www.cathstan.org/main.asp?Search=1&ArticleID=2168&SectionID=2&SubSectionID=2&S=1

Civil suits involving decades old child-abuse allegations may be filed against the Catholic Church if legislation being introduced this year passes in the Maryland General Assembly, said Mary Ellen Russell, the Maryland Catholic Conference's executive director. The Maryland Catholic Conference is the public policy arm of the Maryland Catholic bishops.

The MCC is urging local Catholics to oppose statute of limitations legislation that is expected to be introduced this session by State Senator Delores Goodwin Kelley (D- District 10, Baltimore County). The Maryland Catholic Conference's website notes that the bill "would make it easier for out-of-state trial lawyers to sue the Church," and the MCC also warns that "the legislation discourages early reporting of abuse."

Russell said that if the legislation passes, it could lead to large lawsuits being brought against the Archdiocese of Washington and other dioceses in Maryland because the bill seeks to abandon Maryland's civil statute of limitations, which protects individuals or private institutions from being sued for money many years after an alleged incident occurred.

Currently in the state of Maryland, child abuse claimants can file a civil suit up until their 25th birthday, and they can file a criminal suit until the person who committed the crime dies. The proposed legislation would create a two-year window during which time a person who claims he was abused as a child may file a civil suit against the alleged abuser and his employer.

The Maryland Catholic Conference's web site, www.mdcathcon.org, notes that if the legislation passes, "This would leave the Church vulnerable to lawsuits from decades-old claims, including claims involving clergy who are now deceased."

Russell said there is no cap on the amount of money people can claim in the civil suits proposed by this legislation, and that the legislation is being promoted by a small group of individual trial lawyers around the country. In other states, nearly all of the lawsuits have targeted the Catholic Church, while state laws prevent similar lawsuits from being brought against public schools and other public institutions. Maryland and other states have a very small window for filing lawsuits and limited damages for cases involving alleged abuse at public institutions.

The Maryland Catholic Conference's web site states, "In Delaware, all of the lawsuits filed under that state's 'window' law have been filed against the Catholic Church ...The Church is a target of trial lawyers because of its diocesan structure and collective holdings."

In California, after the statute of limitations was lifted for one year, financial settlements from decades-old abuse cases exceeded $1.8 billion and several dioceses were forced to file for bankruptcy, Catholic News Service reported.

In times of economic uncertainty, "the state needs our services in social outreach ... To further jeopardize the Church to do its good work is unconscionable," Russell said. Government institutions would not be affected by the proposed legislation.

Russell said the legislation, that has been introduced six out of the last seven years, is very "anti-Catholic" and that "the financial interest of lawyers is always at the heart (of the issue)."

Mary Sullivan, the communications director for the Maryland Catholic Conference, said it is important to get in touch with legislators "as soon as possible," about the proposed legislation. The members of the Senate Judicial Proceedings Committee from the Archdiocese of Washing-ton who will be reviewing this legislation are Sen. Brian Frosh (District 16, Montgomery County, chair of committee) who can be reached at 410-841-3124; Sen. Jennie Forehand (District 17, Montgomery County) who can be reached at 410-841-3134; Sen. C. Anthony Muse (District 26, Prince George's County) who can be reached at 410-841-3092 and Sen. Jamie Raskin (District 20, Montgomery County) who can be reached at 410-841-3634.

To take action on this issue go to the Maryland Catholic Conference's Web site at www.mdcathcon.org and click on the link that says "Bill Threatens Catholic Church." From there click on the "Take Action" link to e-mail your state senator.

 
 

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