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Thursday, August 28, 1997

Plaintiffs' attorney alleges back-room appeal to judge

By TERRY WALLACE / Associated Press Writer

DALLAS (AP) -- An attorney for plaintiffs in the molestation cover-up case against the Catholic Diocese of Dallas sought disciplinary action Wednesday against judges and lawyers involved in an alleged back-room appeal.

Dallas lawyer Sylvia Demarest submitted the grievances to the State Commission on Judicial Conduct and the State Bar Grievance Committee.

She alleges that Frank Finn, a Dallas lawyer who is Catholic and has close ties to the diocese, urged state District Judge Pat McDowell to hear the diocese's motion to remove the trial judge from post-trial proceedings and possible retrials. McDowell also is Catholic.

"What was at stake here was the integrity of the entire civil justice system, and we're not out of the woods yet," Ms. Demarest said.

Finn denied the charge."It's the most ill-founded allegation I can imagine, and I will have no further comment on it at any time," he said.

Ms. Demarest was one of two attorneys who sued the diocese and the Rev. Rudolph Kos on behalf of 11 young men, alleging that Kos had molested them and the diocese had covered up the deeds.

A Dallas County jury returned a $119.6 million verdict last month against the diocese and Kos, who is suspended from priestly duties.

Diocesan attorneys since have complained that state District Judge Anne Ashby compromised her impartiality by making certain remarks in court after the jury retired to deliberate. Among the judge's comments were, "Let there be healing, and let there be hope." They also complained that Ashby hugged the plaintiffs after the verdict.

As administrative judge of the 1st Judicial District of Texas, McDowell would have ruled on the diocese's motion to disqualify Ashby. McDowell removed himself last week from any considerations of the motion to disqualify Ashby from the case.

Ms. Demarest said the motion to remove Ashby should be heard by "a non-Catholic judge responsible to the voters of Dallas County."

Diocesan spokesman Bronson Havard said Finn "would never represent the diocese as its attorney." Furthermore, he accused Ms. Demarest of "blanket prejudice against Catholics" for her demand for a non-Catholic judge.

"That's a gross indictment of all Catholic judges and Catholic attorneys. I categorically reject that," Havard said.

Both grievances will be reviewed to determine whether sufficient evidence exists for more formal proceedings, said Robert Flowers, executive director of the judicial panel, and State Bar spokesman Mark Pinckard.

If staff members find cause, the grievances would be sent to special tribunals for review and possible hearings. Punishment for findings of improper conduct would range from private admonition to public disqualification, they said.

Sandy Hughes, McDowell's administrative assistant, said the judge would have no comment.

But McDowell told The Dallas Morning News last week that he didn't know Finn "was connected in any way with the defendants" until the newspaper's reporter told him. When he discovered that Finn was part of a Catholic advisory group that met recently with Dallas Bishop Charles V. Grahmann, McDowell recused himself.

Ms. Demarest also alleges that a retired judge and five lawyers acted improperly by not reporting to the judicial panel and the State Bar after learning about the conversation from Finn.

She also has filed State Bar grievances against retired state District Judge Mark Tolle and attorneys Mike Maguire, Tom Unis, Bill McCormick, Darrell Jordan and Wil Hartnett.

"This really calls into question the way law is practiced in Dallas County," Ms. Demarest said.

On Wednesday, Tolle denied any knowledge of a conversation between Finn and McDowell. However, Hartnett and Jordan expressed anger at the grievances.

"This action by a plaintiff's attorney is one of the worst shark-like tactics that I have seen or heard of in my life," Hartnett said. "I think it is despicable, and I will oppose it vigorously."

Unis did not return a telephone message left Wednesday. Telephone numbers for Maguire and McCormick could not be located.