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The Father James Radloff Case – Questions and Answers By Re! "! Thomas Faucher JC# Canonical Adocate and Procurator January $% &'() After the articles in the *+ational Catholic Reporter, and the *Bulletin, newspaper in Bend% -re.on% and after teleision coera.e in Bend% about the case of Father James Radloff% / hae receied a number of letters% emails and 0uestions seekin. some clarifications of what is .oin. on! There is a lar.e amount of erroneous information out in the public world about the Father Radloff case! / hae had a number of re0uests to be interiewed for both teleision and the press! / hae chosen not to do that! At the same time% the people who are the church hae a ri.ht to accurate and factually correct information! There is no way / can indiidually respond to all the 0uestions so / will write out a few and answer them! / would much rather not hae all of this in the news% but why / am answerin. them is e1plained in 2(& below!(! "hat is the Radloff case about3First a little back.round4 The Code of Canon #aw is the book of rules and re.ulations for the operation of the Catholic Church! -ne of the thin.s in Canon #aw is the responsibility of the bishop of a diocese to appoint priests to be pastor of a parish! This is usually done with a specific time .ien for the priest to be pastor! There is a proision in the law that if the bishop makes the decision that for specific and ery serious reasons the priest should be remoed as pastor before his term has e1pired the bishop can do that! But in all of Canon #aw there is a set of checks and balances and appeals from decisions made by a bishop!Father Radloff was the pastor of 5aint Francis of Assisi parish in Bend% -re.on! -n -ctober (% &'(6% Bishop #iam Cary% Bishop of Baker% formally remoed Father Radloff as pastor of the parish! Father Radloff has appealed this remoal to the Con.re.ation for the Cler.y in Rome! Bishop Cary and Father Radloff both followed the rules .oernin. the remoal of a pastor!&! /f he was remoed then how can there be an appeal3The law of the church states that there must be reasons for the remoal! Father Radloff ar.ues that the reasons which Bishop Cary used do not comply with the laws of the church% and that the reasons are inaccurate and wron.! 7e has a ri.ht to appeal to the 8atican and he has done so! By appealin. Father Radloff retains the title of pastor% so an administrator% Father Julian Cassar% has been appointed to the parish!6! "hat are the reasons Bishop Cary remoed him3
That is one of the two .reat mysteries! Bishop Cary refused to state what the reasons are for the remoal% and has forbidden Father Radloff or his canon lawyer 9me: for doin. so as well! Bishop Cary says that Father Radloff *is a priest in .ood standin., and has done nothin. ille.al! But the bishop has said he had to remoe him as pastor! Father Radloff has publically and priately asked Bishop Cary to disclose the reasons% but the bishop will not do so! Part of the suit in Rome is the re0uest by Father Radloff that the reasons for the remoal be made public! Both Father Radloff and / know what the reasons are% and our re;ection of those reasons is the basis of the case in Rome! The reasons are both not acceptable under canon law and are factually wron.! "e choose to respect Bishop Cary<s order not to make the reasons public but hope the con.re.ation will order the bishop to do so!)! "hat is this about Father Radloff bein. barred from ministry3This is the second mystery! /n a totally une1pected moe% Bishop Cary has forbidden Father Radloff from e1ercisin. ministry% includin. sayin. public =ass! There is no canon law power the bishop has to do this% but he has done it! 7e also will not state what the reasons are for barrin. Father Radloff from ministry% and he has neer told Father Radloff why he cannot minister! This issue is also now part of the suit in Rome! >! "asn<t Father Radloff supposed to .o to =errill% -re.on3"hen Father was remoed the bishop told him to take some time off and .o isit his mother in Chica.o! 7e was to return to -re.on in late +oember and .o to =errill! Father Radloff a.reed to this% and was prepared to .o to =errill! The bishop then withdrew the assi.nment to =errill and throu.h his icar .eneral% Father Rick Fischer% said Father Radloff could stay in Chica.o until the case is settled!?! 7as Father Radloff been disobedient to the bishop3 As a priest didn<t Father Radloff make a promise of respect and obedience to the bishop3@es% Father Radloff made a promise of obedience and respect to the bishop! That promise has to be understood in the full conte1t of the church! +o priest can be disobedient to the bishop if he appeals what the bishop has ordered to a hi.her authority because the priest beliees the order to be wron.! The priest cannot ;ust i.nore the order% he has to appeal the order to Rome!5o% no% Father Radloff has not be disobedient! Father Radloff has done eery sin.le thin. the bishop ordered him to do e1cept resi.n as pastor! 7e has correctly appealed that order% usin. the official law of the church! Father Radloff has been totally obedient! 7e has not disclosed the reasons for his remoal een thou.h there are canon lawyers who say he could! But out of obedience to Bishop Cary he has not done so! 7e has not e1ercised public ministry% een thou.h there are canon lawyers who say he could! A.ain out of obedience to Bishop Cary he has not done so! 7e was willin. to .o to =errill% and then out of obedience did not .o to =errill! Father Radloff has neer spoken to a reporter or .ien any type of interiew since he was remoed on -ctober (% &('6!
! "hy was there no reconciliation or mediation3 7ow did this .et to this point3/n the months leadin. up to -ctober (% &'(6% Bishop Cary asked Father Radloff to resi.n! sin. church law as his .uide% Father Radloff on numerous occasions and in numerous ways asked for reconciliation% mediation% discussion% dialo.ue% and clarification from Bishop Cary! Canon law is ery clear that reconciliation is the preferred way to handle any disa.reement! ery sin.le re0uest for reconciliation and mediation from Father Radloff to Bishop Cary was denied! That all attempts for mediation and reconciliation were re;ected by Bishop Cary is also part of the case in Rome!D! "hat could be the outcome and when will this .et resoled3The case was submitted to the Con.re.ation for the Cler.y on -ctober (D% &'(6! +ormally they will make some reply in three months% which will be in January &'()! +ormally it is in the form a fairly lon. le.al document analyEin. the case and .iin. a decision! There are four ma;or possible outcomes! (: The con.re.ation could% and often does in this type of case% state that the bishop acted within his ri.hts and confirm that Father Radloff has been remoed! &: The con.re.ation could totally re;ect all of the bishop<s claims and order Father Radloff to be restored as pastor of 5aint Francis! 6: The con.re.ation could write a new set of orders! /t could restore Father Radloff with some conditions for both Father Radloff and Bishop Cary% or not restore him but order the bishop to do somethin. else! -r it could order a new idea entirely! All three of these results would also be e1pected to answer the 0uestions about publishin. or not publishin. the reasons for the remoal% doin. away with the bar from ministry or confirmin. it% and publishin. or not publishin. the reasons for the bar from ministry!): The con.re.ation could simply report that it has not yet made a decision and say it will take some additional time to do so!$! Can either Father Radloff or Bishop Cary appeal the result to anyone else3/n theory%yes! ither side can appeal to the 5i.natura% the *5upreme Court, of the Catholic Church! But it ery unlikely that the 5i.natura would take such a case!('! /f Father Radloff<s remoal is confirmed by the con.re.ation% is he still a priest3 Can he minister either in the iocese of Baker or another diocese3@es he is still a priest and a priest in .ood standin.! 7e could be assi.ned to another parish and continue to sere! 7e could ask to .o to another diocese% but the dama.e done already to his reputation would make many bishops unwillin. to take him! But the mysterious and une1plained *bar from ministry, has to be resoled first! That is one thin. the con.re.ation must do no matter what the outcome!((! There are many people upset by these thin.s! "hat are they upset about if the case is in the courts and will be resoled3
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