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canonlaw
canonlaw, Canon Law expert
Category: General
Satisfied Customers: 164
Experience:  Doctoral degree in Rome, Judge, Postulator for canonizations
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I am a permanent deacon in the Archdiocese of Washington. I

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I am a permanent deacon in the Archdiocese of Washington. I was dismissed by a diocesan priest from a parish without the Archbishop's consent or notification. What recourse do I have? I have written the Permanent Diaconate Office with a copy of the letter to the Archbishop of Washington. I have received no response when I inquired on 3/17/2015 and again on 4/20/2015. Please respond. Thank you. Deacon Alton Davis.
Submitted: 1 year ago.
Category: Canon Law Catholic Church
Expert:  canonlaw replied 1 year ago.
Thank you for your question! I am sorry for your situation. First of all, you have been doing the correct thing till now. If the text of the letter of 4/20/2015 is sufficiently clear requesting the competent authority and intervention of clarification of this dismissal and asking for a new appointment, reserving your right for claiming damages, you can apply to the following canon of the Code: "Can. 57 §1. Whenever the law orders a decree to be issued or an interested party legitimately proposes a petition or recourse to obtain a decree, the competent authority is to provide for the matter within three months from the receipt of the petition or recourse unless the law prescribes some other time period. §2. When this time period has passed, if the decree has not yet been given, the response is presumed to be negative with respect to the presentation of further recourse. §3. A presumed negative response does not exempt the competent authority from the obligation of issuing the decree and even of repairing the damage possibly incurred, according to the norm of can. 128." But for the exactness of the recourse before the Holy See, you would probably need the assistance of a canon lawyer. If needed, accept the complementary services of this site, offered with this initial answer. Many blessings.
Customer: replied 1 year ago.

Thank you for your response to my question. It turns out it was enough to at least get a response from the Permanent Diaconate Office. Now I need to know if the pastor has a canon law he can refer to if he wants to justify his action with me. I do not believe it is in the canon as the bishop or local ordinary is the one to assign and reassigns deacons to local parishes. But I would be better off if I knew if there was such a canon. I really appreciate your help at this time!


 


Deacon Alton Davis

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