Until recent years, the survivor/victims of clergy abuse in the Twin Cities and elsewhere have suffered greatly, usually for decades, without support or even recognition. Many hundreds in the metro area alone have courageously come forward, revealed their histories of abuse and made rightful claim for justice, reform and restitution.
Their courage, along with landmark criminal and civil charges brought by the Ramsey County Attorney's Office against the Archdiocese of St. Paul and Minneapolis, began the resolution process. Just settlements were achieved. New church leadership was put in place and has made substantial progress in establishing the reforms necessary to ensure a safe environment for all.
However, the victims' restitution claims remain mired in bankruptcy after more than three years of litigation. This represents the sole impediment to beginning a reconciliation and healing process for survivors, the archdiocese and church members, and the entire community.
Justice delayed has become justice denied, producing continued pain and unaddressed harms for survivors and the archdiocese, including mounting legal expenses in the bankruptcy proceedings.
Observing all this has been frustrating for those of us in the legal profession with the responsibility of educating the next generation of lawyers. We teach our students that practicing law is about more than making a good living, that it must be about serving others, solving problems and acting ethically in pursuit of justice and fairness. We also teach them that this responsibility sometimes requires courage and personal sacrifice.
So, how does the bankruptcy litigation get resolved? The archdiocese represents that, through sale of all its properties, some parish contributions and funds from insurance coverages, it will provide $156 million for victim compensation. Attorneys for the victims view this amount to be very inadequate and are seeking many tens of millions of dollars more for their clients. Further negotiations and compromise will be necessary. But where could the parties start to make up the difference?
I propose that the answer lies with the lawyers and their firms. Lawyers representing the archdiocese and its parishes, and the plaintiffs' lawyers representing the victims, hold the key to resolving the ongoing bankruptcy proceedings. It will depend on their willingness to make an extraordinary sacrifice of part of their fees for the good of all concerned.
The archdiocese reportedly has incurred $17 million to $18 million in legal fees and expenses in connection with the bankruptcy. However, less than half of that has been paid to date. The roughly $9 million still due typically would be ordered paid at the end of the case out of the $156 million settlement fund that the archdiocese has amassed.
