Attorney Irwin Zalkin explains the article, Pa. courts weigh whether JW's elders must report confessed child abuse

by AndersonsInfo 6 Replies latest watchtower child-abuse

  • AndersonsInfo
    AndersonsInfo

    The Pennsylvania Supreme Court memorandum opinion that I posted on this discussion board yesterday was confusing enough for me to ask Attorney Irwin Zalkin to explain the issues. He promptly replied and gave me permission to post here the following important information that he provided.

    "The Pennsylvania Supreme Court memorandum opinion raises the question of whether Jehovah’s Witnesses (“JW’s”) Elders, who are volunteer clergy, fall under an exception to the mandatory reporting law of the State of Pennsylvania. JW’s members of the Ivy Hill Congregation of JW’s sued the PA Department of Human Services (DHS) and asked the court to issue a judgment that as a matter of law makes JW’s elders exempt from PA’s mandatory reporting of known or suspected child abuse, including child sexual abuse. PA’s clergy mandatory reporting law has an exception when the clergy member learns of the child abuse under circumstances that require him or her to maintain the information secret or confidential. The Ivy Hill Congregation members argued that under the tenets of JW’s organization, elders are required to keep that information secret and therefore fall within this exception to the PA clergy mandatory reporting law. The lower court where this issue was first raised, dismissed the lawsuit holding that there was no actual controversy raised by the lawsuit since DHS has never brought any legal action against the JW’s related to mandatory reporting, and that DHS is not the proper enforcement agency to take legal action against the JW’s. In essence, the PA Supreme Court held that the Ivy Hill Congregation sued the wrong party.

    "The PA Supreme Court did not decide the issue of whether JW’s elders are exempt from PA’s mandatory reporting law. It reinstated the Ivy Hill lawsuit on the basis that the judge’s dismissal was inconsistent with another Ivy Hill case where the court refused to dismiss that case at the request of DHS, on different legal grounds but in essence finding that a case against DHS is proper. PA’s Supreme Court sent the second Ivy Hill case, referred to as Ivy Hill II, back to the lower court for that lower court to rule on whether JW’s elders are exempt from PA’s clergy mandatory reporting law.

    "The Zalkin Law Firm (“ZLF”) has been representing survivors of child sexual abuse within the Jehovah’s Witnesses organization for over 20 years. In many of these cases JW’s have argued that their elders are exempt from various state mandatory reporting laws for the same reason they raised in the Ivy Hill Congregation cases. What PA’s DHS may not know, and what ZLF has learned through these years of litigation against JW’s is that congregation elders are not required to keep information they learn about child abuse, including sexual abuse secret. In fact, their requirements are the exact opposite. Congregation elders are required to disclose the information to the national organization’s Service Department and Legal Department. Further, records are maintained relating to disciplinary action taken against the alleged perpetrator. These records are available to other elders who may be new to the congregation at a future date. If the perpetrator moves to a new congregation, the elders of the new congregation are required to be advised of the information relating to the allegations of child abuse or child sexual abuse by that perpetrator. So, unlike other religious denominations where such information remains confidential between a priest, pastor or rabbi who cannot disclose such information to anyone else, JW’s require that many other individuals have access to the information. There is no reason that JW’s elders should be exempt from reporting child sexual abuse to the proper authorities. Given the long and known history of child sexual abuse within JW’s organization, mandatory reporting by the elders needs to be required and enforced."

    Irwin Zalkin

    Senior Partner

    The Zalkin Law Firm, P.C.

    10590 W. Ocean Air Drive #125

    San Diego, CA 92130

    (858) 259-3011 (800) 617-2622

  • Diogenesister
    Diogenesister

    I'm wondering if it's possible a legal academic could do a thorough study of and peer reviewed paper on Watchtower policy, practice and problems regarding the reporting of child abuse on an international basis.

    It may be the best way to get information out to legal practitioners on the legal manœuvring watchtower employs worldwide??

    Thank you for arranging the explanation Barbara it's really complex!

  • Phizzy
    Phizzy

    Thanks for this clear explanation from Irwin Zalkin Barbara, what he says was what I gleaned, but this has made it much easier to understand for those with no legal training. It took me a while to unpick the original info. !

    What this debacle shows is two things, one the J.W Legal Dept. and whoever advises them , are inept, i.e Suing the wrong Party ! Schoolboy error that !

    And second, they are still more interested in hiding the extent of CSA that went on in the past, as they are of that which goes on today, and that they have Zero compassion, empathy or any love for the poor victims, past, present or future !

    It is the Moral Duty of any J.W, but especially Elders, to report any putative CSA they come across, even a rumour, STRAIGHT AWAY to the appropriate Authorities, regardless of what the Law does or does not compel.

    No fannying around phoning the Legal Dept or Service Dept, REPORT it directly, then tell J.W H.Q you have done so, if you wish.

    To do any less is Immoral !

  • JW GoneBad
    JW GoneBad

    Thank you Barbara & Co for posting on this forum Sir. Zalkin's reply to you. It's a big plus having someone like yourself here on this forum who has such connections...much appreciated!

  • jwleaks
    jwleaks

    Thanks Barbara and Irwin. A very concise explanation.

    It is worth keeping in mind that when two elders, or a body of elders, report child sexual abuse to the Service Department they are communicating with an anonymous person. Further, that person is also under a Vow of Obedience to record and also report the information received to other elders.

    And if the Service Department views the abuser / confessor as a threat to children in the congregation then the elders will be instructed to inform parents of the identity of the abuser / confessor.

  • TonusOH
    TonusOH

    Thank you for the effort put in to get this additional clarification.

    It had never occurred to me that the WTS plays so loose with the clergy/penitent privilege. But what they state fits with my experience- records are kept for publishers, including who was DFed and why. The moment these are shared, that breaks the confidentiality they profess to hold sacred. And they may be shared at least a few times. With the branch office, with the HQ, with new/incoming elders, with elders at congregations the person moves to, and so on. And also... from conversations between elders and other people, including maybe those who aren't elders...

    I think the law in the UK and Australia says that for CSA cases, this confidentiality must be waived and the authorities notified. The Australian RC investigating the WTS found that, contrary to the WTS's and elder's claims that they took CSA seriously and worked to protect children, they treated CSA cases like any other issue. And in some cases, they treated those other issues as more important than protecting victims. In the cases the RC heard, the clergy/penitent privilege does not explain some of the actions taken (or not taken).

  • ThomasMore
    ThomasMore

    CSA is not like any other sin/crime.

    WTC policy implies that they are authorized and are qualified to asses the danger that a pedophile is to the community.

    Example: I could purchase an official looking police badge, but I would be in trouble if I misrepresented myself as an officer in the community. If I “arrested a person” and took them back to a holding cell in my home, I would be compounding the impersonation.

    Recently some Chinese agents in California did as much in a community. They were shut down when discovered.

    WTC and local elders are not authorized to investigate crimes of CSA, and certainly are overstepping when they decide that a perpetrator represents no threat to others in the community. That right is reserved for law enforcement and the courts. There are no exceptions.

    In effect, WTC and local elders are running a shadow organization of law enforcement… and doing a terrible job.

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