Judge rules for church, then admits he sat on its finance panel

Judge rules for church, then admits he sat on its finance panel

A Louisiana judge's ruling favoring the Catholic Church in an abuse case has unraveled after he belatedly acknowledged a direct financial stake in the outcome, forcing his recusal and renewing scrutiny over how judicial ties to the church have shaped litigation across the state.

Kendrick J Guidry of Lake Charles stood alone among state judges in concluding that a landmark Louisiana Supreme Court decision upholding the lookback window for old abuse claims did not bind him legally. On March 31, he sided with the Diocese of Lake Charles in a case involving allegations of severe child sexual abuse at Immaculate Heart of Mary parish, finding that the law allowing decades-old claims amounted to an unconstitutional taking of church property.

Guidry disclosed at the start of that hearing that he was a congregant at Immaculate Heart of Mary, but said he could remain impartial. Both sides agreed mere membership was not disqualifying. What Guidry did not mention was that he had been serving on the church's finance committee since February.

The omission proved consequential. After attorneys for the abuse plaintiff filed a motion for recusal on April 15, citing his ties to the parish, Guidry finally updated his public biography to include his finance committee role. In an email responding to a separate recusal request, he acknowledged that such a position created a substantial conflict under state law, essentially conceding he should have stepped aside from the start.

"Based solely on me being on the finance committee of the church and just saying the word 'finance,' I can understand how under 151(B) there would be a 'substantial and objective' basis requiring my recusal," Guidry wrote, referencing Louisiana's judicial recusal statute.

Dane Ciolino, a judicial ethics expert at Loyola University New Orleans, underscored that the standard for recusal is objective, not dependent on a judge's sincere belief in his own impartiality. "It's not what this judge thinks, but it's what an objective, reasonable observer would believe under the totality of the circumstances," Ciolino said.

The case has since been reassigned to Judge Michael Canaday, who in November ruled against similar church arguments in another Diocese of Lake Charles clergy abuse case. The Louisiana Supreme Court has repeatedly rejected the property-rights theory that Guidry embraced, doing so most recently on Tuesday when it again declined to hear the church's appeal in related matters.

Guidry's handling of the conflict echoes a troubling pattern in Louisiana courts. Federal Judge Jay Zainey, who had ties to the New Orleans Archdiocese through service on a seminary board, initially struck down the lookback window as unconstitutional before later recusing himself. The Louisiana Supreme Court reversed that ruling. Zainey subsequently recused himself from the case entirely; a jury later ordered the defendants to pay $2.4 million in damages.

Another federal judge, Greg Guidry (unrelated to Kendrick), insisted he could impartially handle bankruptcy appeals involving the archdiocese despite donating tens of thousands of dollars to it. He later recused himself in April 2023 after scrutiny over personal relationships with attorneys representing church interests.

Kathryn Robb, director of advocacy at Enough Abuse, a leading victims' rights organization, faulted Guidry's initial nondisclosure. "He's made it seem as if this relationship with the church of the Immaculate Heart of Mary and the diocese of Lake Charles was one of a distant cousin when in fact, when you look at all the facts, the relationship between the judge and the church is really more like that of an identical twin," she said.

Robb also noted language from Guidry's remarks during the March hearing that suggested bias. The judge told church attorneys the lookback window allowed people to "take shots at you guys for something that might have happened 30 or 40 years ago." Robb countered that the statute was fundamentally about accountability for victims of childhood rape and sexual assault, not opportunistic litigation.

The broader context underscores the financial stakes at play. The New Orleans Archdiocese and its insurers have agreed to pay roughly $305 million to settle clergy abuse claims under bankruptcy protection. Before the lookback window opened, the archdiocese had estimated it could resolve the bankruptcy for $7 million or less. Louisiana state police have also opened a criminal investigation into whether the archdiocese operated a child sex trafficking enterprise, citing sealed documents revealing decades of covered-up abuse.

Author James Rodriguez: "When judges with direct financial interests in institutions still try to rule on cases involving those same institutions, the system fails victims twice: once by the perpetrators, again by the bench."

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