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2017 Annual Report MT

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ANNUAL REPORT <strong>2017</strong><br />

2<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

I. THE JUDICIAL BRANCH (Metropolitan Tribunal)<br />

ADJUDICATION OF CASES<br />

The Tribunal continues to reduce<br />

the number of cases in the<br />

backlog that were introduced<br />

before 2015 to just one case. In<br />

regard to active pending cases,<br />

96.6% of them have been<br />

accepted in 2016 and <strong>2017</strong>. The<br />

volume of new cases introduced<br />

this year increased by 4.25% to<br />

196 for cases for Declaration of<br />

Nullity, an additional 10 cases for<br />

the Dissolution of marriage<br />

through the Pauline Privilege and<br />

the Privilege of the Faith and one<br />

appeal in the Second Instance.<br />

We adjudicated 239 cases and closed an additional 11 through renunciation,<br />

abatement or the death of a party and 3 Privileges granted for a total of 253<br />

cases closed.<br />

Petition for Nullity<br />

CASES ACCEPTED IN <strong>2017</strong><br />

#<br />

Petition for<br />

Dissolution<br />

Ordinary Process 184<br />

Briefer Process 5<br />

Documentary Process 7<br />

Second Instance Appeal 1<br />

Pauline Privelege 6<br />

Favor of the Faith 4<br />

TOTAL 197 10<br />

#


ANNUAL REPORT <strong>2017</strong><br />

3<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

Currently for cases accepted since 2015 the average time to adjudication is 1<br />

year and 2 months. As you can see in the charts provided the time to adjudicate<br />

cases is being reduced.<br />

This year the number of cases adjudicated under one year increased by 20% from<br />

35 cases last year to 42 cases this year.<br />

We adjudicated 4 cases in the new Abbreviated Ordinary Process in an average of<br />

5 months.<br />

[CHART 2]


ANNUAL REPORT <strong>2017</strong><br />

4<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

POINTS OF CONTACT/SERVICE<br />

Our staff responded to 1,353 points of service<br />

with the Parishes and other Dioceses by sending<br />

out 541 packets for Declarations of Nullity<br />

Requests, reviewing 432 requests for permissions<br />

and dispensations and 364 marriage files as well<br />

as conducting rogatories and reviewing the Acts<br />

for other dioceses and processing radical<br />

sanations. In addition to an average of 26<br />

contacts per day via calls coming into<br />

the Tribunal. The 541 Preliminary Questionnaires<br />

can be broken down as follows: [chart 3]<br />

Preliminary<br />

Questionnaires Received<br />

Case Types:<br />

No.<br />

Received:<br />

Pauline 4<br />

Favor of the Faith 4<br />

Undetermined 4<br />

Ordinary Formal 256<br />

Briefer Formal 5<br />

Lack of Form y<br />

258<br />

[Ligamen & Defect of<br />

Form] 10<br />

TOTAL 541<br />

[chart 3]<br />

[chart 3]


ANNUAL REPORT <strong>2017</strong><br />

5<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

<strong>2017</strong> TRIBUNAL STATISTICS<br />

Our current statistics for Tribunal service requests for <strong>2017</strong> is as follows:<br />

[chart 4]<br />

In <strong>2017</strong> the volume of cases accepted increased by 4% to 196. Below is the average time for the<br />

steps in the Ordinary Formal cases.<br />

[chart 5]


ANNUAL REPORT <strong>2017</strong><br />

6<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

In <strong>2017</strong> we CONCLUDED 1,285 service requests. Please note that we respond to<br />

every request, but not every request becomes an open case until all necessary<br />

paperwork is received.<br />

CASES CONCLUDED IN <strong>2017</strong><br />

Service Case Types:<br />

No.<br />

Completed:<br />

Ordinary Process 237<br />

Ordinary Briefer Process 4<br />

Ligamen/ Defect of Form 5<br />

Ordinary Appeal Process 4<br />

Pauline Privilege 2<br />

Favor of the Faith 1<br />

We investigated 321 grounds of nullity in the 237 cases adjudicated.<br />

Lack of Form 222<br />

Radical Sanations 3<br />

Permissions and<br />

Dispensations 432<br />

Visum 364<br />

Closed by<br />

abatement/death of Party 11<br />

Total 1285<br />

Ground<br />

Favor<br />

of the<br />

Bond<br />

Favor<br />

of<br />

Nullity<br />

Canon 1095 §2 LDD 50 142<br />

Canon 1101 §2 CBP 13 38<br />

Canon 1095 §3 Inability 12 20<br />

Canon 1097 §2 Error of<br />

Quality 1 2<br />

Canon 1101 §2 CBF 6 2<br />

Canon 1095 §1 Lack of<br />

Reason 1 0<br />

Canon 1098 Imposed Error 2 6<br />

Canon 1101 §2 CBC 0 1<br />

Canon 1099 Determinient<br />

Error 0 7<br />

Canon 1101 §2 CBS 3 7<br />

Canon 1101 Total<br />

Simulation 1 3<br />

Canon 1103 Force or Fear 2 2


ANNUAL REPORT <strong>2017</strong><br />

7<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

CONTINUING EDUCATION<br />

We continue to provide formation for our Advocates through workshops. This year<br />

we conducted two workshops that focused specifically on canon 1103 “Force or<br />

Grave Fear” as well as presenting the Libellus. Every workshop is recorded and on<br />

our website for the on-going training and education of our advocates.<br />

We also have the On-Line Training Program for the certification of Advocates, and<br />

continue to accredit new Advocates especially parish lay staff, to help to lessen the<br />

load of the Priests and Deacons. We currently have 138 Certified<br />

Advocates; 27 lay people, 20 priests and 91 deacons.<br />

We continue to publish “The Tribunal Quarterly” to provide information to our<br />

Advocates and priests.<br />

WEBSITE IMPROVEMENTS & SERVICES<br />

With the help of the Strategy Integration office we have implemented an on-line<br />

“Tribunal Case Status Search” so that the Advocate, Petitioner and the<br />

Respondent can look up the case on-line at archden.org/tribunal-case-lookup/. It<br />

provides them with the status of the case as well as the length of time the case has<br />

been with us since acceptance.


ANNUAL REPORT <strong>2017</strong><br />

8<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

II.<br />

OFFICE OF CANONICAL AFFAIRS<br />

WORK WITH OFFICE OF VICAR FOR CLERGY<br />

We continue to work with Priest Personnel on laicizations, Priest irregularities,<br />

canonical status, incardinations, and recommendations including votums for other<br />

Dioceses.<br />

SPECIAL FACULTY III<br />

We continue to work with the Special Faculty III with the help of Deacon Schaeffer.<br />

• 8 Rescripts were notified and reported to Rome<br />

• 1 case was completed as a duly authorized administrative penal process<br />

imposing the penalty of dismissal from the clerical state. [Dunn]<br />

• 1 case was moved to the voluntary petition for laicization [via graziosa]<br />

• 18 new cases were initiated in <strong>2017</strong><br />

• 13 of the cases that were initiated in <strong>2017</strong> have been sent to Rome<br />

• During research 8 deaths were identified<br />

CANONICAL STATUTES AND AGREEMENTS<br />

Work with different organizations in the Archdiocese of Denver to develop Private<br />

Juridical Personalities and establish or review Canonical Statutes and Agreements:<br />

• Community of St. John<br />

• Marian Community of Reconciliation<br />

• Shrine of OLOG<br />

• Spanish Charismatic Renewal<br />

• Theatine Agreement with OLOG<br />

• Mary Queen of the Apostles<br />

• Little Flower Maternity


ANNUAL REPORT <strong>2017</strong><br />

9<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

• Dominican Sisters of St. Cecilia<br />

• Seeds of Hope<br />

• Annunciation Heights<br />

• Society of the Most Sorrowful Mother<br />

SUPPRESSION AND ERECTION OF PARISHES<br />

Suppression of Our Lady of Mt. Carmel in Redcliff CO<br />

Erection of quasi-parishes of St. John Paul II and Saint Gianna Molla<br />

CANONICAL RECOURSE<br />

Provide Canonical Opinions, Recourse and Votums for special situations<br />

CANONICAL REVIEW & UPDATES OF POLICIES & HANDBOOKS<br />

• Pastoral Handbook Sections 3.1.2.3 and 3.1.2.4 and Section 5.12.1.6<br />

• Marriage policies and procedures for St. Malo’s Chapel<br />

• Retirement, Renumeration and Sustenance


ANNUAL REPORT <strong>2017</strong><br />

10<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

• Ordination Praxis for Transitional Deacons<br />

DECREES FOR APPOINTMENTS<br />

Draft decrees for appointments as Chaplains, Appointments to the Deliverance<br />

Ministries and Vicar Forane.<br />

SPECIAL DISPENSATIONS AND RESCRIPTS<br />

Draft dispensations and Rescripts for situations such as Changes of Rites,<br />

impediments to ordination, etc. including working with the Apostolic Penitentiary.<br />

DRAFT MANDATUMS<br />

Draft the Mandatums for Theology Professors at SJV as well as the Augustine<br />

Institute.<br />

CANONICAL QUESTIONS<br />

Respond to Parish staff regarding canonical questions on the sacraments and other<br />

topics.<br />

CORRESPONDENCE WITH ROME<br />

Correspond with Rome for special situations.<br />

CONTINUING EDUCATION FOR CANONISTS<br />

Canonists attend CLSA convention annually to remain up-to-date with current topics<br />

and discussions in relation to Canon Law.


ANNUAL REPORT <strong>2017</strong><br />

11<br />

METROPOLITAN TRIBUNAL & OFFICE OF CANONICAL AFFAIRS<br />

III.<br />

STAFF/PERSONNEL / Challenges for the future<br />

Changes in staff continue to be a challenge. Recruiting and maintaining the adequate<br />

staff to catch up with the backlog and start having a weekly Court Session was<br />

enhanced this year. A new case processor started in January <strong>2017</strong> and overcame the<br />

learning curve. We replaced all the outside Transcriptionists and Summary Writers<br />

with one in-house part time transcriptionist. Much of the work done by the summary<br />

writer was automated with some creative templates in our Tribunal Software,<br />

“CaseMaster”. As a result, I believe that this has also reduced our expenses.<br />

Our next goal, to start deposing the witnesses [now we send them questionnaires] may<br />

slowly become a realization. We are very close to eliminating the backlog. Once that<br />

is done, we may start deposing witness, which may further accelerate the process and<br />

help with the adjudication of cases, but will also require having a full-time<br />

transcriptionist.<br />

Deacon Schaefer has been working diligently on the Third Special Faculty process<br />

and hopes to have all the cases sent to Rome within the next six to nine months.<br />

Our intern from Arrupe High School continues to help in many areas of office work.<br />

Our goal/challenge continues to be adjudicating all cases within one year. We hope<br />

this will be achieved this year.

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