The next chapter
The sexual abuse of a child is a horror among horrors. Not merely a crime, it’s a depravity. When committed by someone in a position of trust and authority, it reflects moral corruption of the basest order.
To bring cases of child sex abuse to a bankruptcy court is to cheapen their atrocity. These acts demand justice, not just a payout. But even worse than hearing these cases in bankruptcy court is not hearing them at all.
The Roman Catholic Diocese of Albany filed for Chapter 11 bankruptcy protection on Wednesday. Make no mistake: This is the end result of the diocese’s years of shielding offending priests and valuing the reputation of the church over the wellbeing of its weakest, most innocent members. But bankruptcy doesn’t ensure a swift and just conclusion for those who filed cases under the Child Victims Act “look-back” window. The diocese must commit to using this process to give a forthright, earnest accounting to those it failed to protect — not just a financial accounting, but the details of what the diocese knew about the abuse, and what went on behind the scenes.
Albany is the fifth of New York state’s eight dioceses to declare bankruptcy since the look-back window opened. Those other dioceses’ experiences illustrate some of what Albany must not do. tuletters@timesunion.com
In the Diocese of Rockville Centre on Long Island, bankruptcy discussions have derailed to the point that earlier this year, a committee representing creditors and accusers created a restructuring plan without the diocese’s input. The diocese then advanced its own plan, extending the gridlock.
In Buffalo, it’s been three years since bankruptcy was declared, and the diocese has shelled out $11 million in legal fees and not a cent in compensation for victims. Some accusers have charged the Buffalo diocese with intentionally dragging out the proceedings to wrest a more favorable settlement from people who just want it to be over, a claim the diocese denies.
Some U.S. dioceses have been accused of transferring assets to shield them during bankruptcy; in 2021, the Times Union reported on similar financial moves made by the Catholic bishops of New York as the Child Victims Act gained traction in the Legislature.
All of this points to the need for the Albany diocese to approach the coming proceedings in good faith. The diocese must be completely forthright about its finances and assets, information that for years it has allegedly resisted sharing. It must not drag its feet on compensation for victims, who now stand to receive less than they might have been awarded in civil court. Transparency must also extend to the handover of internal materials showing what church officials knew and when they knew it, which the diocese has also fought hard to conceal. With civil court proceedings paused, it is less likely that victims’ advocates will get the answers they seek. In Buffalo’s bankruptcy case, internal records that went to the creditors committee were subject to a nondisclosure agreement, leaving accusers frustrated but with few options. Will the church, absent a subpoena, do the right thing ?
The Albany diocese may have been able to avoid bankruptcy if it had made a sincere attempt at mediation. But its low offers, and the confidentiality strings attached to them, sank those chances. With accusers’ voices silenced in court, they at least should not have to endure an unnecessarily drawn-out resolution.
In 2021, Albany Bishop Emeritus Howard Hubbard testified that the diocese covered up abuse allegations to avoid bringing scandal upon the church and to preserve “respect for the priesthood.” The result of that policy — a policy embraced not just by Bishop Hubbard or by the Albany church, but by the whole institution — was so much worse than the bishop had feared: Abuse and its cover-up led not only to a scandal but to a wreck of the church’s reputation; not only to a loss of trust in priests, but to a loss of respect for the church itself.
The moral bankruptcy shown in the diocese’s actions is mirrored, at last, in its financial status.