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a pastoral letter from bishop edward k. braxton

Diocese of Belleville
Office of the Bishop

June 12, 2011
Pentecost Sunday

Dear Sisters and Brothers in the Catholic Church of Southern Illinois,

May the peace of the Risen Lord Jesus Christ be with you!

On this great Feast of Pentecost, the Feast of the coming of the Holy Spirit, who gives us the gifts of Understanding, Right Judgment, Wisdom and Courage, I am writing to you about several profoundly difficult decisions I have been called upon to make which have an impact on us all. Though I have prayed often for these great gifts of the Spirit in making these decisions, no one is more aware than I am of the fallibility of my decisions.

In October, 2008 I addressed a letter to you in which I said:

“The sexual abuse of minors by some members of the clergy has been
a source of pain and suffering for all involved. The greatest suffering,
by far, has been the suffering of those who were abused in their childhood
by individuals who were trusted and respected because they were ordained
to represent the love and compassion of Christ Himself. The sexual abuse
of minors is a grave sin before God and a civil crime punishable by law.
I am acutely aware that these misdeeds have wounded hearts, caused
anger and frustration, and alienated clergy as well as laity from the Church.”

The gravely serious offenses by priests of our Diocese in the past continue to have moral, emotional, legal and financial consequences in the present. As you are aware, a jury in the St. Clair County Court ruled on August 27, 2008, in favor of a man who stated he was abused by a priest in 1973.The plaintiff was awarded a substantial financial compensation. After prayer and consultation, I made the decision to appeal this verdict to the Fifth District Appellate Court. In a two to one vote the Appellate Court affirmed the lower court decision. Again after appropriate consultation the decision was made to petition the Illinois Supreme Court for Leave to Appeal the Appellate Court decision. That petition was declined on May 25, 2011. The Diocese has decided to ask the Illinois Supreme Court to reconsider its decision and to review this important case. That request will be made on or before June 15, 2011.

We are not doing this to “hide behind the law” as some might suggest. We are doing this in the hope of a clarification of the law and a consistency in applying the law to the Catholic Church. We are also doing it in the hope of conserving resources for responding to other abuse victims and for sustaining the pastoral services of the Diocese of Belleville.

A central element in this case has been the established legal requirements of “time limits” (statutes of limitations) for filing lawsuits. These requirements have long been an important part of the law. Without them lawsuits could be filed against individuals and organizations long after all witnesses and most evidence are no longer available. “Time limits,” therefore, apply to all types of lawsuits, including those involving the sexual abuse of minors. Under the law, there is no special exception by which the Catholic Church should be denied the protection of “time limits” that every other entity has.

Before the case currently under consideration, the “time limits” under Illinois law for filing a lawsuit for sexual abuse were quite clear. The Illinois Supreme Court consistently ruled that a person cannot wait until several decades after he or she was said to be abused to file a lawsuit. The case in question was filed in 2002 concerning an abuse that is said to have occurred in the 1970s.

In its January 2011 ruling, the Fifth District Illinois Appellate Court disregarded prior Illinois Supreme Court decision of the law concerning “time limits.” For the first time in Illinois, the Appellate Court said that because of its religious status and teachings, the Catholic Church has a special “fiduciary relationship” with parishioners. This relationship creates an exception to the “time limits” for filing abuse lawsuits. Before the Appellate Court’s decision, Illinois courts had consistently said there is no such “fiduciary responsibility,” which means there is no exception to the “time limits.”

As things currently stand, this new exception to the “time limits” for abuse lawsuits only applies to the Diocese of Belleville. Other dioceses in Illinois are covered by other divisions of the Illinois Appellate Court, and those other court divisions may or may not recognize such an exception.

Because the Appellate Court disregarded existing law, the Diocese hoped that the Illinois Supreme Court would review this case. However, the Illinois Supreme Court declined to do so. It is now our hope the Illinois Supreme Court will take into account the unprecedented impact of the Appellate Court’s decision will have on the Diocese of Belleville and on all other dioceses and religious organizations in Illinois. Taking these and other factors into consideration we hope the Court will reconsider our petition for Leave to Appeal this case.

There are times when it is very difficult for me as your Bishop to determine the best course of action. This is one of those times. There may well be individuals who do not sit in the Chair in which I sit, who have not studied the issues involved extensively, and who will be quick to question my decision. They may suggest that all the Diocese is doing is delaying the inevitable and they may be correct. However, if these efforts fail, I will have the consolation of knowing that I have done all I could, to do what is best, in my judgment, for all involved in this sad and deeply regrettable situation. Come O Holy Spirit and fill the hearts of your faithful. Enkindle in us the fire of your Divine Love!

Sincerely and prayerfully yours in Christ,

The Most Rev. Edward K. Braxton, Ph.D., S.T.D.
Bishop of Belleville