In response to a bishop requesting an interpretation of Canon 220, the Vatican Dicastery for Legislative Texts strongly cautioned against publishing “news” that would harm the reputation of an individual, especially someone who is deceased, when it comes to priests accused of abuse and not found guilty in civil or canonical procedures. The right to defend oneself and the principles of presumed innocence until proven guilty must be protected and guaranteed. “Furthermore, determining whether an allegation is ‘well-founded’ often rests on a non-canonical foundation and demands a relatively low standard of proof, resulting in the publication of the name of a person simply accused, but of an unproven accusation, without the benefit of having exercised the right to defense."

Vatican protocols require bishops to make a preliminary investigation, and dismiss charges that can be quickly disproven. If there is no good reason to reject the charge immediately—even if there is no way to verify the accusation—the priest is deemed “credibly accused” and a thorough investigation is required. As the Dicastery for Legislative Texts observes, that first step requires only “a relatively low standard of proof.” By listing the priests who are “credibly accused,” the diocese encourages the false belief that they should be considered guilty until proven innocent.

The Dicastery for Legislative Texts is the most recent Vatican department to prohibit the practice of dioceses releasing lists of “credibly accused” clergy. Both the Dicasteries for the Doctrine of the Faith and for Clergy — and Pope Francis personally — have previously warned against the practice. The dicastery added that it is not permissible to publish lists of accused clerics “for alleged reasons of transparency or reparation (unless the subject consents and excluding deceased persons).” During his 2019 global summit on clerical sexual abuse and episcopal accountability, Pope Francis specifically ruled out such practices in his own published “Points for Reflection".

In the wake of the clerical abuse crisis, church leaders may have surrendered too much authority to risk managers focused on eliminating every threat. The Second Vatican Council taught that bishops are not mere delegates of the pope, regional managers of an international operation headquartered in Rome. A quick glance at publicly available documents should raise serious doubts, particularly regarding the discipline of diocesan clergy. It seems that civil lawyers and risk managers, not bishops, are often running the show.

Across the U.S., 40 dioceses and religious orders have declared bankruptcy. The first was the Archdiocese of Portland, Oregon, in 2004. The most recent was the Diocese of Burlington, Vermont, in late September 2024. The cases vary, but they have one thing in common: The day the diocese filed its petition for bankruptcy is a new benchmark — no one is allowed to file claims against the church for abuses that happened before that date, even if a given state retroactively extends the statute of limitations. “The petition date marks the last day on which a person could have had a claim and be subject to the bankruptcy proceeding. For people who are being injured now, the bankruptcy case is irrelevant.”

Maryland’s highest court, in a 4-3 decision on February 3, narrowly upheld the Child Victims Act of 2023, a law that retroactively and prospectively repeals the civil statute of limitations for survivors of child sexual abuse. With the addition of Maryland, 19 states, two US territories, and the federal government have eliminated the civil statute of limitations for child sexual abuse cases, part of a growing national trend led by state legislatures enabling near-permanent access to the civil justice system.

This week, state lawmakers are once again attempting to enact laws, Senate Bill 5375 and House Bill 1211, which seek to force priests to violate the Seal of Confession if child abuse is revealed within the celebration of the sacrament. In light of this, I wish to reiterate my previous statement regarding this matter: I want to assure you that your shepherds, bishop and priests, are committed to keeping the seal of confession – even to the point of going to jail. The Sacrament of Penance is sacred and will remain that way in the Diocese of Spokane.