Will the Dallas Charter Update Finally Give Priests Due Process?

At their Florida meeting on June 10–12, the American Catholic bishops will vote on proposed revisions to the Charter for the Protection of Children and Young People, colloquially known as the Dallas Charter. The Charter was adopted in 2002 and last updated in 2018. While the document rightly focuses on the Church’s commitment to safeguarding minors and preventing abuse, the Charter has long been criticized for failing to emphasize the need for due process for accused priests. Catholic priests have an abiding interest in the Charter since it provides the philosophical framework for how any accusation against them will be handled. 

The National Study of Catholic Priests, conducted by the Catholic University of America in 2022, found that 82 percent of clergy live under the fear of being falsely accused. The bishops should look carefully at that number since priests are not asking for special treatment; they are only asking for justice, due process, and the right to be considered innocent unless evidence indicates otherwise. In his recent encyclical, Pope Leo eloquently defended the principle of subsidiarity, another reason why bishops should listen carefully to priests: “In accordance with the principle of subsidiarity, decisions are made at the closest level possible to the persons involved, thereby fostering community life and avoiding people being presented with decisions that have already been taken.” 

The draft under consideration by the bishops has some advances, but there is room for improvement. The draft cites Pope Leo and his grave concern for victims of abuse several times. Fair enough. It does not, however, cite Leo’s comments regarding the need for justice for accused clergy. “These [allegations] cannot be put in a drawer—they must be addressed with a sense of mercy and true justice toward both the victims and the accused,” he said in September.

One of the welcome advances found in the draft is that both “falsely accused” clergy and the “presumption of innocence” are mentioned several times. And the issue of presumed innocence has been moved to the preamble of the document. To place this basic human right front and center is progress compared to the Charter’s earlier versions.  

The presumption of innocence is again mentioned in article 5 of the draft. Just here, however, a significant problem emerges. Immediately following the affirmation of innocence, the draft cites canon 1722 from the Code of Canon Law.  That canon states that the bishop “at any stage of the process can exclude the accused from the sacred ministry or from some office and ecclesiastical function, can impose or forbid residence in some place or territory, or even can prohibit public participation in the Most Holy Eucharist.”

Now, this canon makes sense when someone’s guilt is obvious, or when there is some immediate danger to minors. However, many bishops, worried about optics, often suspend priests immediately, no matter how bizarre or old the accusation. Other priests are suspended simply because they are named in a civil suit.

Crucially, article 5 refers to this canon’s restrictions as “temporary precautionary measures.” It is important to note, however, that these allegedly “temporary measures” often last for years. How, one asks, is the priest’s “presumption of innocence” being protected by the American bishops in such cases? Is this presumption anything more than obiter dicta? Is it any wonder that the National Study of Catholic Priests found that 75 percent of priests do not trust the American episcopacy?  

This section of the draft could easily be emended to read: “These precautionary measures are to be applied judiciously, and should be retracted immediately after a prompt investigation is concluded. Priests should not be suspended on the basis of decades-old allegations until a comprehensive investigation has taken place.” 

The draft falls short in two more ways. First, article 5 states: “If the priest or deacon is acquitted of the allegations . . . efforts will be directed to restore his good reputation with the possible return to ministry, as the circumstances warrant.” Why only the “possible” return to ministry? Why only “as the circumstances warrant,” and not “as soon as possible”? The draft’s hedging poses as prudence but betrays fear.

Second, at the conclusion of the updated draft, the bishops proffer several “pledges”: to work for the protection of children; to commit resources to this goal; and to work for the healing of those who have been abused by clerics. The bishops should add another pledge: to work with priests to ensure justice and due process for all those accused of sexual abuse.

I ask the bishops to consider seriously the comments offered here. As they surely know, the National Study of Catholic Priests revealed a yawning chasm between priests and bishops, with priests displaying an extraordinary lack of confidence and trust in the U.S. episcopacy. Most of the distrust was tied to the draconian implementation of the Charter. 

If the mission of the gospel is to advance, bishops need to work to restore the trust of their priests. And they can make significant progress if they simply commit themselves to just processes for those who are accused of abuse. By so doing, they will also foster vocations. As of now, too many priests resonate with the comment made by one religious priest in the National Study: “But you know, to have zero tolerance, and to be guilty until proven innocent, who in God’s name would want to be a priest? You have to be out of your goddamn mind to say, oh, yeah, I’ll be joining that group.”

Twenty-five years ago, the country was gripped by a moral panic about child abuse. The Catholic bishops, under extraordinary pressure from every side, themselves panicked, and were sold an atheological bill of goods. I ask the bishops to shake off fear—fear of politicians, of the press, of advocacy groups, and of lawsuits. Concern for victims is essential and ongoing, but so must be concern for accused priests. With the update of the Charter, now is their chance to deliver true justice.