Inside the Tribunal Process

A reader brought up the claim that the Tribunal in the Las Vegas Diocese handles only marriage annulments and will not handle the case with Msgr. McAuliffe. I asked a canon lawyer to clarify the role of the Tribunal, and here is the answer:

Tribunals can handle processes in addition to marriage nullity causes.  It is the church's court.  Although it functions differently than civil courts, it can handle a variety of matters just like civil courts.

It can handle disputes (e.g., a secretary alleges that she was unjustly fired by a pastor).  This is not common due to the fact that people don't know this, usually if they think of taking legal action they go to a civil court, plus the diocesan tribunal does not have any real enforcement ability except against clergy or religious.

The tribunal can handle penal processes.  For example, it can process a dismissal from the clerical state (e.g., if a priest is accused of sexual abuse of a minor) or it can impose an excommunication.

This is the basic process for handling a penal matter:

1.  A preliminary investigation is conducted by a local ordinary (by the bishop, vicar general, or another episcopal vicar).  This does not mean that the ordinary must conduct it personally, only that he oversees it.  An ordinary exercises executive power.

2.  Canon 1722 states:  "To prevent scandals, to protect the freedom of witnesses, and to guard the course of justice, the ordinary, after having heard the promoter of justice and cited the accused, at any stage of the process can exclude the accused from the sacred ministry or from some office and ecclesiastical function, can impose or forbid residence in some place or territory, or even can prohibit public participation in the Most Holy Eucharist."  It seems that this canon in part has been invoked in what the diocese is calling "administrative leave."

3.  Once the preliminary investigation is concluded, then the ordinary must determine how to proceed: whether to dismiss the accusations, whether to impose a penalty or some lesser penance or warning by executive power, or whether a judicial process must be initiated.

4.  If the ordinary decides that a judicial process must be initiated, then he must direct the promoter of justice to initiate a tribunal process.  Only at this stage is the tribunal involved.  The promoter of justice functions as the petitioner and the accused as the respondent.  Three judges must serve in the process with one of them as presiding judge.

5.  The tribunal then accepts the promoter of justice's petition, cites the respondent, determines the joinder of issues, and gathers evidence (in addition to whatever was gathered in the preliminary investigation).  The tribunal must be careful to protect the right of the accused to defend him or herself.  All of this takes time.

6.  Finally, the tribunal reaches a decision and either dismisses the process or imposes a penalty.

With Msgr. McAuliffe, it seems that they are still at the stage of the preliminary investigation.  What is unclear is, if theft has taken place, whether the police will also be involved.  What typically happens is that when criminal actions are taken by civil authorities, usually the ecclesiastical process is put on hold until the civil process is complete.  Often, the results of the civil criminal investigation is taken as evidence in the tribunal process.

New Vicar General Appointed

The Las Vegas Diocesan website has changed to reflect a new Vicar General, Fr. Bob Stoeckig. Fr. McAuliffe, now on leave due to the financial investigation at St. Elizabeth Ann Seton, appears to have consequently been completely removed from this influential position, although to my knowledge, no public announcements have been made.

Fr. Stoeckig is Pastor of St. Andrew's in Boulder City. You might recall this post, about the "magical" labyrinth at St. Andrew's.

Fr. Stoeckig was quietly transferred to St. Andrew's from St. Joseph Husband of Mary about 2 years ago (correct me if I'm wrong on how long ago this occurred), after that parish's coffers were found to have been completely drained. No allegations of financial impropriety were made against Fr. Stoeckig, but the fact remains that the large financial surplus the parish had enjoyed (estimated to be over $1 million dollars) disappeared under Fr. Stoeckig's administration. For example, solar panels in the parking lot, estimated to have cost upwards of $300,000 were installed, and it unclear where the rest of the money has gone.

Call to Prayer:

Lord God, your faithful sons and daughters are at your feet. Help us to fully give ourselves over to your Adorable Will and to trust completely in you. Bless your Holy Priests and Bishop, help and guide them so that they may always serve you first and foremost in all things. In the name of the Father, the Son and the Holy Spirit. Amen.

Msgr. Kevin McAuliffe Placed on Leave

Over the weekend, the parishioners of St. Elizabeth Ann Seton were informed that Msgr. Kevin McAuliffe, Vicar General of our Diocese, would be on leave and that a financial investigation at the parish would be conducted. Fr. James Jankowsi will be taking over in his stead. Little other solid information has been made available.

It is interesting to note that the Judicial Vicar of the Diocese, Fr. Francis Vivona, is Msgr. McAuliffe's own roommate. Fr. Vivona would typically be expected to be the one heading up the Tribunal that could investigate this case. Hopefully he will be excused from this particular case, considering the disturbing conflict of interest that this would otherwise present.

Two articles published recently give few details about the situation, but here they are:
Las Vegas Review-Journal
KTNV

Msgr. McAuliffe should certainly be considered innocent until proven guilty, as are all priests who are placed on leave or investigated. Let us all pray to the Lord that this will be resolved in a timely manner, and that all innocent parties will be cleared of wrongdoing.

Call to Prayer:

Heavenly Father, we place our trust in your Divine Will, that the truth may be brought into the light and that your Holy Spirit will guide those involved in the investigation. We ask that Msgr. McAuliffe be shown your tender mercy and care, and that you strengthen your Holy Priest in his time of tribulation. Through the intercession of Mary our Mother, St. Joseph her Most Chaste Spouse, and St. Michael the Archangel, we pray to the Lord. Amen.