BishopAccountability.org

Local judges continue to stay away from clergy sex abuse cases

By Haidee V Eugenio
Pacific Daily News
June 18, 2017

http://www.guampdn.com/story/news/2017/06/18/local-judges-continue-recusals-clergy-sex-abuse-cases/402585001/

The Dulce Nombre de Maria Cathedral-Basilica in Hagåtña is shown in this file photo.

Superior Court of Guam judges continue to recuse themselves from hearing Catholic clergy sex abuse cases, even as plaintiffs' lawyers have started exploring the possibility of an out-of-court settlement.

Sixteen clergy sex abuse lawsuits have been filed in local court between March 7 and May 10.

The Archdiocese of Agana is a defendant in each case, along with some priests, the Capuchin Franciscans, or the Boy Scouts of America and its Aloha Council Chamorro District.

Seven local court judges have filed disqualification forms in some of these lawsuits as of early June, based on information from the Judiciary of Guam Administrative Office.

Former altar boy Anthony Flores' lawsuit, the earliest filed on March 7, still has no scheduled hearing yet as judges cite potential conflicts of interest.

The judges said they are either related to or involved with the Archdiocese of Agana, the Catholic Church, the individual priests or the accusers.

Among the latest disqualification forms filed in the Flores complaint were from Judge Anita A. Sukola and Judge Michael J. Bordallo, the Judiciary said.

Meanwhile, attorney Kevin Fowler, representing Flores, and attorney Patrick Civille, representing the Boy Scouts of America, filed a joint stipulation on May 31. That stipulation gives 30 days after a judge has taken the case and no conflict exists, to file a responsive pleading to the complaint.

Complaints filed on May 5 by plaintiffs J.S. and E.T., represented by attorney Michael Berman, also now have disqualification notices from Judge Arthur Barcinas and Judge Vernon Perez. Among the latest recusal is from Judge Elyze Iriarte on June 2.

Berman also said he signed a stipulation June 16 in both his clients' cases, giving the archdiocese, through attorney John Terlaje, 30 days to answer the complaints. That 30-day period begins when a judge with no conflicts is assigned to the case.

The other complaints received recusals from Presiding Judge Alberto C. Lamorena III, Judge Maria T. Cenzon, and other judges, documents from the court show.

Hope and Healing Guam Executive Executive Director Michael Caspino said he has also been communicating with Fowler, as well as attorney Anthony Perez, who is representing plaintiffs who filed clergy sex abuse cases in local court. 

In federal court, 58 lawsuits accuse clergy members of sex abuse, and three others list the archdiocese as a defendant.

Attorney David Lujan, representing these plaintiffs in federal court, has started negotiating with Hope and Healing for most of the cases he handles.

Hope and Healing Guam, an initiative of the archdiocese, seeks to resolve clergy sex abuse cases by offering professional counseling, treatment, spiritual healing and compensation to survivors. The initial funding from the archdiocese is $1 million.

Contact: heugenio@guampdn.com




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