IV. The Rights of Clergy Rev. Msgr. Michael Higgins, M.A., S.T.D., J.C.D., San Diego, CA, extracted from Canon Law, an Overview for the Civil Attorneys Seeking to Assist Defend Priests, by Robert J. Flummerfelt, J.C.L., J.D., commissioned by Justice for Priests, 2014. In order to understand those basic rights enjoyed by clergy¸ it is necessary to delineate and identify them: 1. The right to communicate their needs and concerns to the bishop (canon 212), 2. The right to express his opinion as to those aspects pertaining to the good of the Church (canon 212, §3), 3. The right to freedom of inquiry and expression once directed concerning the sacred disciplines (canon 218), 4. The right to protection of privacy and good reputation (canon 220), 5. The right to vindicate his rights according to canonical process (canon 221), 6. The right to challenge the juridical and administrative decisions of the diocesan bishop concerning his life and ministry (canons 1732-1739) and according to the rules on trials. 7. The right not to be punished except consistent with the letter and spirit of the law (canon 221, §3), 8. The right to financial provision¸ annual vacation, freedom to tender resignation from ecclesiastical office, and the right not to be removed from an ecclesiastical office except for grave or just causes depending on the nature of the appointment. (canons 281, 283, 187, 193, 1740-1747). Protecting the Rights of the Accused Cleric Whenever rights are threatened through an investigation or allegation, as with civil law¸ it is prudent and most advisable to consult an attorney. Similarly, when a priest has any notice either orally, in writing, or even through the proverbial grapevine of an investigation or any accusation, it is absolutely imperative that he acquire a skilled canon lawyer to advise him proceeding forward. Often a priest engages a canon lawyer much later in the process after exercising less than his best judgment and while pressure is being brought to bear on him from his bishop or chancery to take a course of action against his best interests and in contravention of his rights. Engaging a canon lawyer as soon as the diocese invites a priest to the chancery meeting is essential as often a priest is lulled into a false sense of security (since such a scenario has never occurred to him before) that the diocese will look out for his interests. Sadly, the posture most frequent is of a diocese protecting itself and creating as posture being against the priest under investigation, or who has been accused, concerned only with protecting the liability and assets of the diocese and unconcerned with the rights of the accused cleric. Return to Table of Contents Go to next chapter