CANON LAW SOCIETY OF AMERICA PROCEEDINGS OF THE SIXTY-SIXTH ANNUAL CONVENTION PITTSBURGH, PENNSYLVANIA OCTOBER 11 - 14,2004 CANON LAW SOCIETY OF AMERICA OFFICE OF THE EXECUTIVE COORDINATOR 108 NORTH PAYNE STREET, SUITE C ALEXANDRIA, VA 22314-2906 © Copyright 2005 by Canon Law Society of America ISBN: 1-932208-08-9 ISSN: 0277-9889 SAN: 237-6296 The Canon Law Society of America's programs and publications are designed solely to help canonists maintain their professional competence. In dealing with specific canonical matters, the canonist using Canon Law Society of America publications or orally conveyed information should also research original sources of authority. The views and opinions expressed in this publication are those of the individual authors and do not represent the views of the Canon Law Society of America (CLSA), its Board of Governors, Staff or members. The CLSA does not endorses the views or opinions expressed by the individual authors. The publisher and authors specifically disclaim any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use, reliance, or application of any of the contents of this publication. Printed in the United States of America Canon Law Society of America Office of the Executive Coordinator 108 North Payne Street, Suite C Alexandria, VA 22314-2906 TABLE OF CONTENTS FORWARD Vii ADDRESSES The Sacraments: Actions of Christ and Actions of the Church Most Rev. Thomas G. Doran 1 Theology of Marriage: Complementarity Between the Latin and Eastern Codes Mr. Robert Flummerfelt 13 Les Orandi, Lex Credendi, Lex Vivendi in the Rites of Christian Initiation Rev. Msgr. Kevin W. Irwin 27 SEMINARS Finding Method in the Madness: Writing Sentences in Lack of Due Discretion Cases Rev. John P. Beat 57 The Sacrament of Reconciliation: Issues, Praxis and the Future Rev. Patrick J. Cogan, SA 81 Remuneration, Decent Support and Clerics Removed from the Ministry of the Church Rev. James I. Donlon 93 The Charter and Norms Two Years Later: Towards a Resolution of Recent Canonical Dilemmas Rev. Msgr. Ronny E. Jenkins 115 The Role of the Expert in Tribunal Proceedings Rev. Mr. Gerald T. Jorgensen 137 The RCIA: Canonical Issues Rev. Ronald F. Krisman 153 The Disruptive Religious: Part I: Religious Authority and the Disruptive Religious Sister Elissa A. Rinere, CP 171 in Part II: A Focus on the Individual Rev. Arthur J. Espelage, OFM 179 Calling God's Special Children to Holiness: Sacramental Access for the Mentally and Cognitively Challenged Mr. Peter Vere 195 Sacramental Life of Parishes without a Resident Pastor: Part I: The Parish Rev. Gary D: Yanus 207 Part II: The Role of the Parish Administrator Sister Therese Guerin Sullivan, SP 221 OFFICERS' REPORTS President Rev. Msgr. Mark L. Bartchak 243 Treasurer Very Rev. William J. King 253 Auditors' Report 257 Budget FY 2004-2005 275 Executive Coordinator Rev. Arthur J. Espelage, O.F.M. 287 COMMITTEE REPORTS STANDING COMMITTEES Budget 295 Convention Planning 295 Nominations 297 Professional Responsibility 299 Hearing Officers 300 Resolutions 301 ON-GOING COMMITTEES Advisory Opinions 302 Canonical Aspects of Questions Regarding Sexual Abuse of Minors ... 305 Canon Law Digest 306 Civil and Canon Law 306 Eastern Canon Law 309 Electronic Media 310 Institutes of Consecrated Life and Societies of Apostolic Life Committee 311 IV Investment Review 312 Lay Canonists 313 Marriage Research 322 Publications 323 Roman Replies 324 Scholarship Fund 325 Translation of Legislative Texts 326 PROJECTS/TASK FORCES BOG Handbook Review and Revision 327 CLSA Strategic Planning Committee/CLSA Planning Task Force 327 Ex Corde Ecclesiae Application 328 Lay Ministry Handbook 329 Marriage Procedures Handbook 330 Special Task Force on Executive Coordinator's Office 331 Task Force on Issues Related to Marriage and Undocumented Persons .. 332 CONVENTION Convention Chairperson 334 Convention Liturgies 335 Tribunal Statistics 2003 338 BUSINESS MEETING Minutes 385 MISCELLANEOUS Homily Most Rev. Donald W. Wuerl 397 Citation for the Role of Law Award Rev. Msgr. Mark L. Bartchak 401 Response, Role of Law Award Rev. William H. Woestman, OMI 405 Contributors 411 List of Participants of 2004 Convention 413 List of New Members 422 Index for Proceedings 425 FORWARD I am pleased to present the Proceedings of the sixty-sixth annual convention held in Pittsburgh, Pennsylvania, October 11 to 14,2004. The Canon Law Society of America annually publishes to our members and to others in the canonical community the major address and seminars presented at the annual meeting. Each year an attempt is made to produce the CLSA Proceedings as soon as possible after the convention. In the collection of materials for this manuscript, I wish to express my gratitude to the presenters who provided their final texts in a most timely fashion. Preparation of the texts for publication was facilitated this year by the submission of electronic versions of the presentations. In the preparation of the texts, every attempt was made to maintain consistency by relying on both The Chicago Manual of Style and the style of previous issues of CLSA Proceedings. In this year's edition of CLSA Proceedings, readers will find the inclusion of a participants list at the Pittsburgh Convention. This adaptation brings the CLSA into a similar format as our fellow societies in Australia, Canada, and Great Britain & Ireland. It responds to the request of those members who can use the material as proof for continuing education credits. Likewise, this year's volume contains a list of new CLSA members who joined the society between October 2003 and 2004. We welcome these new men and women joining the members of the CLSA. Indexing of past CLSA addresses and seminars is an important research tool. One will find an index for CLSA Proceedings, volumes 31 (1969) to 56 (1994) in the Proceedings of the Fifty-sixth Annual Convention, October 1994, in Atlanta, Georgia. A new index for volumes 57 (1995) to 66 (2004) will be found in this volume of CLSA Proceedings. For readers who wish electronically to access these indices, consult www.clsa.org. The Canon Law Society of America, established on November 12, 1939 as a professional association dedicated to the promotion of both the study and the application of canon law in the Catholic Church today numbers over 1600 members who reside in the United States and forty other countries. CLSA Proceedings 66 (2004) should take its place among previous volumes as a professional resource. The text contains a high degree of consistency and accuracy which should further scholarly research. vn Additional copies of this volume of CLSA Proceedings may be found at CLSA Publications, P.O. Box 463, Annapolis Junction, MD 20701-0463 or at the CLSA website: www.clsa.org. For telephone or fax orders consult: (Telephone) 301-362- 8197 or (Fax) 301-206-9789. For membership information on the Canon Law Society of America or business matters, contact the office of the Executive Coordinator or contact our website. Arthur J. Espelage, O.F.M. Executive Coordinator Canon Law Society of America 108 N. Payne Street, Suite C Alexandria, VA 22314-2906 Tel: 703-739-2560 Fax: 703-739-2562 E-mail: [email protected] vm CLSA PROCEEDINGS 66 (2004) 1-12 THE SACRAMENTS: ACTIONS OF CHRIST AND ACTIONS OF THE CHURCH MOST REV. THOMAS G. DORAN It is with deep appreciation to the Canon Law Society of America for its invitation to present the keynote address for this convention and I offer these remarks on the sacraments as actions of our Lord Jesus Christ and actions of his holy Catholic Church. This serves as a meditative background and reflection on what we are about in this week of deliberations, the 66th annual convention of our society. In his encyclical letter of last year, Pope John Paul II referred to the Holy Eucharist as "the heart of the mystery of the Church,"1 the source of the Christian Life. Bishop Wuerl so nicely underlined how the Mass figured into the history of this city at its inception. In the most Blessed Sacrament, as also in the other sacraments, Jesus Christ offers his life to us.2 In the sacraments, the Lord Jesus Christ bestows on the faithful nothing less than a participation in the divine life of the Trinity. Jesus said of the Eucharist: "As the living Father sent me, and I live because of the Father, so he who eats me will live because of me."3 As the Catechism of the Catholic Church teaches us, "The desire and work of the Holy Spirit in the heart of the Church is that we may live from the life of the risen Christ."4 And '"Seated at the right hand of the Father' and pouring out the Holy Spirit on his Body which is the Church, Christ now acts through the sacraments he instituted to communicate his grace and his life."5 These are vital truths indeed. I am grateful for this opportunity to reflect on the Christian sacraments as life-giving actions of Jesus Christ and their relationship with the canonical laws of the Catholic Church which has been commissioned to draw all men into the divine life through the sacraments. 1 Ecclesia de Eucharistia, no. 1. 2 Ibid., no. 6. 3 Jn 6:57. 4 Catechism of the Catholic Church, no. 1091. 5 Ibid., no. 1084. The Situation of the Church In every age the need for the grace of Christ is apparent. "I am the vine and you are the branches," says our Lord, "apart from me you can do nothing."6 Without the life Christ Jesus bestows in the sacraments we cannot enter into communion with God, become new creatures and heirs of heaven, be forgiven of our sins, be united to the sacrifice of Christ Jesus on the cross, be fed with his life-giving Body and Blood, receive the gifts of the Holy Spirit, be comforted when we are sick or dying, enter into marriage as a sacred covenant in Christ, or be made deacons, priests or bishops to serve the Church.