Contact:
Amy Hereford, CSJ
Attorney Canonist
CSJ Ministries
6400 Minnesota Ave.
St. Louis, MO 63111-2807
Phone: 314-266-1814
Phone: 314-467-8038
Fax: 815-550-1329
Contact on Skype

amyhereford <at> gmail.com

Copyright 2010

Fall 2010
Canonical Recourse

Living in Reconciliation: As with any human community, conflicts arise in the Church and within the religious community. In the best of cases, those involved are able to respond to the gospel imperative: "leave your gift at the altar, go and be reconciled, then come offer your gift" (Mt 5:24) Jesus also urges Christians to make peace with one another, and if this is not possible between those involved, he invites us to bring one or two others to help, and then to bring the matter to the community of faith, the Church. There is increasing attention to mediation and conciliation both in secular society and in religious communities and the Church. It is not uncommon to find resources and structures in Institutes and Societies, and in the Diocese to facilitate this practice.

However, in addition to this, there are formal structures within the canonical system dedicated to the resolution of disputes. This  comes from a respect for the rights and for the dignity of the human person. Some of these canonical rights were enumerated for the first time in the 1983 Code of Canon Law. The Code also has various procedures to protect these individual rights and to resolve disputes that may arise.

Two types of canonical process: There are two basic procedures for resolving disputes in canon law, one is judicial, the other is administrative. When the dispute arises between two people or entities, acting in their personal capacity, the dispute may be brought to a church tribunal for a judicial solution. Consider the example of two Catholic entities that are jointly operating a ministry, and a dispute arises between them as to the operation or control of the ministry. If informal efforts at mediation and reconciliation fail, they may consider bringing their dispute to a church tribunal. Of course, it may also be brought to a civil court.The most frequent use of judicial process in the Church is the diocesan marriage tribunal.

If however, the dispute arises between an individual and someone who is exercising administrative power in the Church over that individual, administrative recourse is the proper forum. Consider the example of a member of an Institute or Society who is working at a parish or another diocesan entity and who is dismissed from their position without any reason or possibility of reconsideration. Here again, informal efforts at resolution should be the first course of action. However, if they fail, administrative recourse may be sought.

Canonical Recourse: The formal process to have an administrative decision reconsidered is called administrative recourse or hierarchical recourse. Recourse is a procedure that is distinct from the judicial procedure discussed above. If an adverse decision is reached in a judicial proceeding in a canonical tribunal, the parties have the opportunity to appeal the decision in a higher tribunal. However, if an adverse administrative or executive decision is made, the party may seek recourse against the decision to a higher administrator.

Canonical recourse exists for two principal reasons: 1) to provide for the the protection of rights of individuals in the Church, and 2) to provide a means of oversight for the fairly wide discretionary powers of those who exercise administrative power in the Church. In the canonical tradition, the second reason has been at the forefront. However, with the Code of 1983, interest in the rights of individuals has risen in importance.

The process: The procedure for canonical recourse is set out in canons 1733-1739. Though the section is brief, it is packed with important details describing the procedure and time frame for canonical recourse.

• Timeline: The most important detail for the non-specialist is the very short timeframe provided for recourse. The process must be initiated by a petition requesting reconsideration issued within 10 days of notification of the administrative act that is to be challenged. The petition for recourse is the next step, and it must be initiated within 15 days of an unacceptable response to the first petition. Because these times are short, it is important that an aggrieved party file their petition to act quickly. While the person seeking recourse must act quickly, the author of the challenged decision has a little more time, however, the Code foresees a timely resolution of the matter.
  
• Representation: Persons may act on their own behalf to challenge an administrative act. However, anyone who wishes the assistance of a canon lawyer may seek this assistance and may be well served by the technical advice that a specialist is able to provide. In some cases, an advocate may be appointed to help with the process.
  
• Steps: Step One is a good faith attempt at resolution by communicating directly with the person who made the initial decision. Step Two: a written petition is sent to that same person, within 10 days, though in some cases, it is acceptable to go directly to the next level up; e.g. to the bishop in the case of an action by a pastor. That person has 30 days to respond. Step Three: if that response is unacceptable, or if no response is received in 30 days, the petition for recourse must be issued in 15 days. The recourse goes to the next level up, or it may be delivered to the the author of the decision who is obliged to forward it to their superior. The one receiving the recourse can confirm, invalidate, rescind, revoke, emend, replace,or modify the challenged act. One may also take recourse against this decision if there is a higher authority; ultimately this could reach the Second Section of the Apostolic Signatura in Rome.
  
• Recourse to Whom: Since this is administrative recourse, it is directed to the person with responsibility for the author of the adverse decision. If there is more than one responsible party, the process may be further complicated.

* * *

For more information on this topic, November's webcast will examine the the procedures available for resolving disputes in the Church, in particular reference to hierarchical recourse. There is still time to register for October's webcast with an overview of the Charitable Retirement Trusts and other retirement resources for religious.

There is still time to register for: October's Webcast: Retirement Trusts Tuesday,  October 19, 2010 Special Series*: Follow-up Webcasts on Civil Structures of Religious Institutes Final program: January 18, 2011 - Sponsored Ministries Canonical Recourse Tuesday, November 16, 2010 Advanced Taxation of Religious - 2011 Update Tuesday, February 15, 2011

Time: Tuesdays, 2:00 pm ET, 11:00 am PT
Register: www.ahereford.org/registration.html
Format: Live, On-Demand, CD-ROM
Cost: $65

*Special Series

 - The special series on civil structures of religious institutes will examine each of the structures in more details and may be helpful for those who are considering changing or updating their structures. Participants may sign up for the entire series of four webcasts for the discounted price of $230, or they may register for any of the individual programs.

Recorded Webcasts: Not available for a webcast? You can register to view it On-Demand or on CD-ROM.

An On-Demand webcast is available for those who are unable to attend the webcast live. It is generally available within 48 hrs after the live webcast and may be view at your convenience over a several month period. The program can be downloaded or viewed on the web. (More environmentally friendly than the CD-ROM below)

In addition, webcasts are also offered on CD-ROM. This format is especially helpful for those without access to high speed internet. CD-ROMs are shipped a few weeks after the webcast.

If I can be of any assistance to your organization, please do not hesitate to contact me.

Peace,
Amy Hereford

*A webcast is a seminar delivered over the internet.

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