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  Judge Makes No Recusal Decision in Church Case

Times Argus [Vermont]
May 19, 2006

http://www.timesargus.com/apps/pbcs.dll/article?
AID=/20060519/NEWS/605190323/1003/EDUCATION05

A judge released a stack of background paperwork Thursday related to the Vermont Catholic Church's call to bar him from presiding over 19 priest misconduct lawsuits.

But he made no decision on its recusal request.

In a main motion made public Monday, church lawyer David Cleary claims Judge Ben Joseph's rulings in the recent civil case of Michael Gay, 38, of South Burlington, versus the Rev. Edward Paquette have jeopardized the statewide Diocese of Burlington's ability to receive fair hearings in the future.

Cleary had hoped the court wouldn't release either the main motion or background paperwork, saying they contain private and confidential information.

But Joseph decided Thursday to release the documents as long as they don't contain the names of other alleged victims and priest-perpetrators.

The church settled the Gay lawsuit last month for a record $965,000 settlement. Afterward, the judge removed a gag order on everyone involved, leading to a torrent of news reports in which the church admitted it knew Paquette had molested boys in two states when it assigned him to parishes in Rutland in 1972, Montpelier in 1974 and Burlington in 1976.

The diocese faces 14 more lawsuits against Paquette. Cleary questions how the church will find an impartial jury to hear future cases.

In its motion, the church wants Joseph to recuse himself from dealing with any more of priest misconduct lawsuits or be removed by the state's chief administrative judge.

If the judge agrees to step down, the matter is settled. If not, the motion goes to the state's chief administrative judge, Amy Davenport, who will make a final decision.

 
 

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