MINNESOTA
Canonical Consultation
Jennifer Haselberger
01/09/2015
Can. 502, of the Code of Canon Law
§1. From among the members of the presbyteral council and in a number not less than six nor more than twelve, the diocesan bishop freely appoints some priests who are to constitute for five years a college of consultors, to which belongs the functions determined by law. When the five years elapse, however, it continues to exercise its proper functions until a new college is established.
In many ways, the authority of the diocesan bishop is absolute. He has all the ‘ordinary, proper, and immediate’ power necessary to fulfill his pastoral office, except when the law establishes otherwise (c. 381). It is this exception that came to my mind yesterday when I saw the announcement that attempts to settle the case of John Doe 104 had failed.
One of the innovations introduced with the 1983 Code of Canon Law was the creation of the College of Consultors. The overall task of the College is to assist the diocesan bishop in governing the diocese. However, a distinction is made regarding the responsibilities of the College. In some cases the diocesan bishop is obliged to receive the consent of the college, whilst in others he must merely consult with them (audire- to hear). The specific obligation is established in the canons related to the proposed acts.
For instance, the Archbishop must consult with the College of Consultors prior to appointing or removing the diocesan finance officer (a consultation Archbishop Nienstedt overlooked prior to the forced resignation of CFO John Bierbaum in the wake of the ‘discovery’ of the theft by the Archdiocesan comptroller, and sought too late to be meaningful in regard to the hiring of his replacement, Tom Mertens). He must also consult them on matters of ‘major importance’ in light of the financial situation of the diocese (also ignored when it came to providing Archdiocesan funding to outside organizations seeking to secure a constitutional amendment prohibiting same-sex marriage). A diocesan bishop is not bound to follow the advice offered by the College in these circumstances, but the law requires that such consultation occur.
Note: This is an Abuse Tracker excerpt. Click the title to view the full text of the original article. If the original article is no longer available, see our News Archive.