Thursday, September 13, 2018

The Right to Judge

For 18 years I have served as a judge in the tribunal of my diocese. More than once I have been asked “Who gives you the right to judge?” The answer is found squarely in the first reading for Monday’s mass. 

In a scene right out of modern daytime television a man is described as living with his father’a wife. Whether it is cohabitation or whether he is married to her, we do not know. What we are sure of is that St. Paul condemned it and pronounced sentence. 

I, for my part, although absent in body but present in spirit, have already, as if present, pronounced judgment on the one who has committed this deed

He does not say “God has pronounced judgement”. He uses the pronoun “I.”  He not only pronounced judgement but imposed the most severe penalty, excommunication. 

The one who did this deed should be expelled from your midst. 

Over time the Church developed a system for exercising this role of judging and appropriately punishing her members. Much of the world today can thank the Church for its judicial system of laws, tribunals, advocates, judges,assessors, and notaries. They continue to use the structures that the Church adapted from the Romans. 

Sadly, in the latter half of the previous century, following the council. we ceased exercising the judicial function in the Church and even today in many places our tribunals are relegated to dealing only with marriage. 

In Tuesday’s first reading St. Paul chastises Christians for taking each other to civil court, instead of handling their disputes within the Church. Sadly, we now find ourselves in a position where because the Church abdicated her judicial responsibility in the matter of abuse, the civil authorities are being called in to do what we should have done. 

Perhaps this will be the time when the Church will make the necessary reforms to our own system.  As Pope Francis has called to make the system more available to people for marriage cases, let us teach the people of God all of the matters that they can bring to a tribunal. And create some protection for judges and other tribunal personnel who currently serve at the whim of the local bishop.  

Our current Code of Canon Law was promulgated in 1983. Imagine if, even beginning that year. laity, religious, deacons  and priests in the Church could have brought their charges to a panel of judges to be heard, the accused been properly tried, and if convicted, punished. Imagine if the system had allowed a bishop to be accused and tried. Would people have sued diocese after diocese? 

Yes, the gospels tell us that as individuals we are not to judge. But as a Church unless we begin to judge more than marriage, we will be severely judged by the world.