A Prolonged Court Fight Doesn't Help the Victims

Milwaukee Journal Sentinel
October 16, 2012

http://www.jsonline.com/news/opinion/a-prolonged-court-fight-doesnt-help-the-victims-1t78h7r-174494131.html

The Catholic Archdiocese of Milwaukee, which faces more than a dozen civil fraud lawsuits over its handling of clergy sex abuse cases, filed for Chapter 11 bankruptcy protection in January. As the case proceeds, we'll have updates, analysis, documents and more.

Jerry Topczewski of the Archdiocese of Milwaukee said this week that Catholic Church officials "remain hopeful a consensual resolution will ultimately be reached" in the dispute between the archdiocese and sexual abuse victims despite the failure of court-ordered mediation. We share that hope if the result serves the twin causes of truth and fair compensation for victims.

As it is, with both sides returning to bankruptcy court to continue what one observer has described as a scorched earth battle, resolution of the issues will only be further delayed. That does not seem to do anyone any good, least of all victims who have waited years for justice.

Nothing against lawyers or the work they have done so far, but with attorney fees already beyond $7 million and rising, and the archdiocese on the hook for those, it seems to us that reaching a just settlement would best serve both the archdiocese and victims.

Because of court orders, no one can say why the talks broke down, and those outside the fight don't really know what's in the claims and court documents. So it's difficult to judge whether victims' attorneys are pushing for too much, perhaps including frivolous claims in an effort to get even more money, or whether the church is dragging its feet to keep its secrets intact, perhaps to make this bankruptcy proceeding so difficult that victims elsewhere won't try that venue.

The Journal Sentinel's Annysa Johnson reported Tuesday that the advocacy group Survivors Network of those Abused by Priests not surprisingly assessed blame to church officials. In a statement the group said, "the Archdiocese of Milwaukee has once again raised false hopes of a settlement with victim/survivors and a resolution to the clergy sex abuse and cover up crisis."

For its part, the archdiocese says it continues to hope for a settlement and that it has only a limited amount of resources to pay victims and their attorneys. It will fight to exclude claims it does not feel are justified for various reasons. That's its right.

We understand both arguments. But justice for victims of pedophile clergy and others needs to be the paramount consideration.

When the archdiocese filed for Chapter 11 bankruptcy protection in January 2011, church officials said bankruptcy was the only way to equitably compensate victims and still continue the diocese's ministry.

Attorney for the victims Jeffrey Anderson told Johnson that creditors will move forward to force the disclosure of thousands of pages of documents under court seal and to scrutinize the transfer of millions of dollars off the church's books and into trusts in recent years.

All of that may be worthwhile. But determining a fair settlement for victims is essential, and we hope that both sides realize that doing that sooner rather than later best serves victims and the archdiocese's mission.