Msgr. McAuliffe Listed as Treasurer of Our Lady of Wisdom

This past Friday Msgr. Kevin McAuliffe was sentenced to 3 years in prison for the theft of hundreds of thousands of dollars from St. Elizabeth Ann Seton.

But yet another unanswered question surfaces in relation to Msgr. Kevin McAuliffe.

Why is Msgr. McAuliffe listed as the Treasurer of Our Lady of Wisdom Byzantine Church (OLOW)?


Msgr. McAuliffe and Fr. Francis Vivona of OLOW are (or at least were) roommates supported by St. Elizabeth Ann Seton Parish. Why does OLOW not have corporate board members that are officials of the Byzantine church hierarchy or who are parishioners of OLOW?

Perhaps an audit of OLOW is in order.

Call to Prayer:

O Mary,
Mother of Jesus Christ and Mother of priests,
accept this title which we bestow on you
to celebrate your motherhood
and to contemplate with you the priesthood
of, your Son and of your sons,
O holy Mother of God.

O Mother of Christ,
to the Messiah-priest you gave a body of flesh
through the anointing of the Holy Spirit
for the salvation of the poor and the contrite of heart;
guard priests in your heart and in the Church,
O Mother of the Savior.
O Mother of Faith, you accompanied to the Temple the Son of Man,
the fulfillment of the promises given to the fathers;
give to the Father for his glory
the priests of your Son,
O Ark of the Covenant.

O Mother of the Church,
in the midst of the disciples in the upper room
you prayed to the Spirit
for the new people and their shepherds;
obtain for the Order of Presbyters
a full measure of gifts,
O Queen of the Apostles.

O Mother of Jesus Christ,
you were with him at the beginning
of his life and mission,
you sought the Master among the crowd,
you stood beside him when he was lifted up from the earth
consumed as the one eternal sacrifice,
and you had John, your son, near at hand;
accept from the beginning those who have been called,
protect their growth,
in their life ministry accompany your sons,
O Mother of Priests.
Amen.

~ Prayer to theVirgin Mary for Priests by Blessed John Paul II

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.

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.