Canon Lawyers have no Ethics
The Majestic United States Supreme Court Building.
There is one thing that Canon Lawyers have in common with US Supreme Court Justices. That is, sadly, they have no Code of Ethics. I am considering Justice Clarence Thomas’ recent unmasking as a serial, free-luxury-vacation aficionado.
As a Canon Lawyer, no one has ever offered me a free vacation anywhere. In fact, many people who call for a Canon Law consult think we are a free legal service, like public defenders. That might work for clergy Canon Lawyers, but more and more lay people are becoming Canon Lawyers. If no Bishop paid to get you through canon law school, there are those pesky student loans to pay off. But I digress.
The Clarence Thomas type issue is Ethics. Canon Lawyers don’t have to worry about those. There is no Code of Ethics Canon Lawyers must follow. One Canon Law Society has a suggested Code of Ethics for Canon Lawyers, but there are no repercussions if a Canon Lawyer ignores them, even if a member of that Society. No repercussions at all. In fact, there have been Canon Lawyer excommunications and their practicing Canon Lawyer standing remains intact.
There have been some instances of a Bishop refusing to accept the Mandate (Entry of Appearance) of a Canon Lawyer into a case in that Bishop’s diocese. There may be an instance where a Bishop writes a letter to other dioceses warning them from using a Canon Lawyer who may have done something they deem unethical, incompetent, or illegal. A clergy Canon Lawyer from outside the US was laicized, criminally prosecuted, and imprisoned, on felony charges of embezzlement. When he was released from prison, he wrote to every diocese in the US for work as a Canon Lawyer, either employment or free-lance. Very few here knew of this ex-con’s history in the Church and he certainly did not have it on his resume. Word spread when his credentials were checked and he was not retained or employed as a Canon Lawyer here in the States. But again, I digress!
My point is that until the clergy sex abuse crisis came to the fore, Bishops were relied upon to keep Canon Lawyers honest and ethical. Today though, many people ask who’s keeping the Bishops honest and ethical? A conflict of interest with one’s Bishop is not that unusual. What if a Bishop indicates to a diocesan canonist how he wants a case or issue to play out? Who is the Canon Lawyer responsible to? Even if they are advocating for a party involved. Bishop or Client?
And the U.S. Supreme Court thinks it has problems!