Mark E. Chopko

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St. John's University School of Law

The Catholic Lawyer Volume 39 Number 1 Volume 39, Winter 1999, Number 1 Article 2 October 2017 The National Diocesan Attorneys Association: The Business of the DAA, and Our Last Ten Years Mark E. Chopko Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl  Part of the Catholic Studies Commons Recommended Citation Mark E. Chopko (1999) "The National Diocesan Attorneys Association: The Business of the DAA, and Our Last Ten Years," The Catholic Lawyer: Vol. 39 : No. 1 , Article 2. Available at: https://scholarship.law.stjohns.edu/tcl/vol39/iss1/2 This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact selbyc@stjohns.edu. AN INTERIM REPORT OF THE GENERALCOUNSELTHE NATIONAL DIOCESAN ATTORNEYSASSOCIATION: THE BUSINESS OF THE DAA,AND OUR LAST TEN YEARSMARK E. CHOPKO*Many things have stayed the same with the National Diocesan Attor-neys Association, and many things are different. We have many stalwartsupporters of the Association with us again, as we have had for the lastthirty-three years. One hallmark of this organization is the mentoring ofnew members by the old. Some have grown up with the Association andremember its formative days, even its days of poor financial health. Al-though the health of the Association is strong and its prognosis for futuregrowth and continued strength remains excellent, we have much work todo, on many topics that have dominated our agendas in years past.Ten years ago, I promised that we could work together in mutual sup-port and forbearance for the common good of our Church and our country.I promised you honesty and integrity in building relationships across thisland of ours that would be mutually nourishing and strengthening. Ipromised that the times we shared together in this work would be chal-lenging, occasionally contentious, and never dull. I think I have deliveredon these promises.I would like to outline where we have been and where we might gotogether. When I was asked to become General Counsel, then GeneralSecretary Daniel Hoye passed along the admonition of Conference Presi-dent Bishop James Malone. On behalf of the United States Catholic Con-ference (USCC) Executive Committee, Bishop Malone asked me "to beprudent." I agreed, not fully aware of what I was undertaking. I thought itmeant to be circumspect and cautious. Instead, I have come to embrace"General Counsel, United States Catholic Conference. Mr. Chopko's article is based on hiswelcome address given at the Proceedings of the Thirty-Third National Meeting of DiocesanAttorneys.39 CATHOLIC LAWYER, No. 1prudence as a call to right action. "Prudence is the virtue that disposespractical reason to discern [the] true good in every circumstance and tochoose the right means of achieving it."' Proverbs remind us that "theprudent man looks where he is going."' It is not timidity or fear, but a dis-cernment of the works that need to be done, and a conscientious choice ofthe means to accomplish those goals. In this organization, "prudence" hasnot been about "me," but about "us."One example of prudence was the debate over the Religious FreedomRestoration Act.3 In 1990, the Supreme Court turned the Free ExerciseClause inside out.4 Many in the religious community banded around theAct as a means to reverse that determination. I did not, believing that therewas the potential for much mischief. Members of this Association calledon me to reverse my position. Indeed, a prominent keynote speaker tookme to task on this point. ' In the Senate Judiciary Committee, I was pub-licly attacked by members of the panel on which I was placed. When itcame to my turn, Senator Edward Kennedy asked me if I felt alone in thedebate.6 I responded honestly, that I did not much like the feeling, but Iwas not before the Committee for myself, but out of a solemn obligation torepresent my clients, the Catholic Bishops of the United States. I owedthem, and you, my best advice. Over the next few years, the same criticalvoices came reluctantly to see that my position had merit, even if theywere not convinced. Eventually, the drafters themselves came forwardwith amendments on the very points they first said were non-negotiable.Prudence was shown in those debates. I think we made the rightchoices, but with a great deal of effort and a long contest. That debate isillustrative of what these years have been like. There has been much work,but also much success, much friendship, and many renewed relationships.This is what the last ten years has been for me.In 1987, at my first meeting, we celebrated "an end and a begin-'UNITED STATES CATHOLIC CONFERENCE, CATECHISM OF THE CATHOLIC CHURCH 1 1806,at 444 (1994).2 Proverbs 14:15; see CATECHISM OF THE CATHOLIC CHURCH, supra note 1, at 144.'42 U.S.C. §§ 2000bb-4 (1998).4 See Employment Div. v. Smith, 494 U.S. 872 (1990) (eliminating the requirement that thegovernment justify the burdens on religious exercise imposed by laws neutral toward religion).5 Judge John T. Noonan, Jr. of the 9th Circuit Court of Appeals raised the question in his1991 keynote whether we sought a "Catholic only policy." John T. Noonan, Keynote Addressat Proceedings of the Twenty-Seventh National Meeting of Diocesan Attorneys 28 (May 19 -May 21, 1991) (transcript available in Office of General Counsel, United States Catholic Con-ference, Washington, D.C.). His talk was formally published. See The End of Free Exercise?, 42DEPAUL L. REV. 567 (1992).6 See Hearings on S. 2969, Before the Senate Judiciary Comm., 1 02d Cong., 2d Sess. (Sept.18, 1992).INTERIM REPORTning." 7 I said I would emphasize Regional Meetings as a way of providinggreater support for diocesan attorneys, of seeking to provide an accessibledatabase of legal resources, of attacking areas of recurring concern (even ifthey were not "national" problems), and of providing dependable uniformadvice on matters where national leadership was needed. Today, our re-gions are strong, but regional meetings are not universal. We have (andhave had) a database, but it is not user-friendly and as up-to-date or com-plete as I would like. We have attacked problems of recurring concern andof national perspective. But sometimes it seems that "the hurrier we go,the behinder we get" [Pennsylvania Dutch Maxim]. In short, we havebeen very successful, but not nearly as completely as we deserve to be.We have much to celebrate, but much work to do still.Sometimes in our work we must be voices in the wilderness. I oftenrefer to myself at meetings as the "resident cynic." Inevitably, it is thenature of my job that I am the one who must ask, "Has anyone thoughthow we might lose this case?" The Church lawyer is the one who mustadd caution to the mix of pastoral concerns. There is no better examplethan dealing with clergy misconduct. In 1984, when I started in the USCClegal office, there was a phone message waiting for me on my desk from acolleague, Tom Rayer. It said something about a certain problem of acertain clergy in Lafayette, Louisiana, but with the thought that this some-how might take on national dimensions. Of course, we all know what thelast thirteen years have been for our Church as the criminal misdeeds of avery small number of individual clerics laid waste the good will of ourChurch with scandal. As lawyers in the Association, we have done muchto restore trust, but we have much to do. In my view, we restore trust andrenew faith and help bring our Church together by allowing our bishops tofollow their best pastoral instincts.' We cannot do that when we are preoc-cupied with the bottom line and advising "no comment." We Associationmembers are responsible for giving our bishops the freedom to follow theirbest pastoral instincts without fear.Some days it seems as if we cannot get ahead. In 1988, I issued thefirst of the USCC political activity memoranda under my signature, as mypredecessors did before me.9 The law is clear, and I intend to continue to7 Mark E. Chopko, Opening Remarks at Proceedings of the Twenty-Third National Meet-ing of Diocesan Attorneys 3 (April 1987) (transcript available in Office of General Counsel,United States Catholic Conference, Washington, D.C.) (quoting John F. Kennedy, InauguralAddress (Jan. 20, 1961)).8 Mark Chopko, Restoring Trust and Faith, 14 HUMAN RIGHTS Q. 22 (Fall 1992) (ABASection on Individual Rights and Responsibilities).9 See, e.g., Mark E. Chopko, Political Campaign Activities and Tax Exempt Groups, 18ORIGINS 181 (Sept. 1, 1988); Mark E. Chopko, Guidelines for Political Activities by Tax ExemptCatholic Organizations, 25 ORIGINS 643 (Mar. 14, 1996).39 CATHOLIC LAWYER, NO. 1advise the Bishops with similar clarity and direction. I have challengedmy critics before to say, plainly, whether they think I am simply makingthe law up! No one has taken me up on that challenge. Our job as lawyersis never to forget that we must say what the law is, and that our clientsmust assume the prudential responsibility to act according to their bestjudgment. We lawyers do not serve the bishops by pretending the law iswhat it is not, or even what someone else wants it to be. Once we sacrificeour honesty and independence, we might as well be replaced, because wehave lost our value to the Church and to the profession. I know we are notlike that!In 1992 and 1996, we were challenged significantly on abortion andeuthanasia. Both of these debates, in 1992 over Planned Parenthood v.Casey ° and the American Bar Association endorsement of abortion," andin 1996 on euthanasia, 2 say much about our Association. We live in des-perate times. The lives of young and old hang in the balance. Is it anywonder that all the life in between sometimes seems to be treated socheaply, instead of as the precious gift that it is? Where violence and pov-erty and injustice stalk the land, we have a solemn obligation to work forpeace, equality, and justice. There was no time when I was prouder to be amember of this organization than to look around the general assemblies ofthe American Bar Association and see, standing up to be counted, themembers of this Association. Still, we have much to do for the beginningsand the ends of life and for all the living in between.The path ahead of us remains uncertain. We have many miles tojourney together still. I remember one particularly bleak Holy Week a fewyears ago. The crises seemed more severe and demanding than usual. Iwas staring out of Phil Harris's window at the rain-soaked parking lot,when he said, "Let's keep everything in perspective. Sunday is Easter.'0 505 U.S. 833 (1992).1 See Steve Campbell, Special Counsel No. 7 "Real Straight Shooter" Ralph LancasterLeaves Maine Behind to Look into Charges Against Labor Secretary Alexis Herman, PORTLANDPRESS HERALD, July 5, 1998, at lB ("Lancaster resigned from the American Bar Association toprotest its stand endorsing abortion."); see also Ralph A. Rossum, The ABA: Friend of Bill.. notStarr, WASH. TIMES, Mar. 1, 1998, at B I ("[ABA] resolved that women have a fundamentalright to an abortion.").2 See Diane M. Gianelli, Court's Rejection of Assisted Suicide Leaves Door Ajar; RulingStresses Need For Better Pain Control in End-of-Life Care, AM. MED. NEWS, July 14, 1997, atI ("'The court appeared to be holding a syringe, if you will, to the head of the medical profes-sion,' said Richard Doerflinger of the United States Catholic Conference, which opposes physi-cian assisted suicide."); see also Joan Biskupic, Assisted Suicide Not a Constitutional Right,Justices Rule, COM. APPEAL (Mem. Tenn.), June 27, 1997, at AI ("'The clarity of these deci-sions should serve as a benchmark for other courts,' said Mark Chopko, General Counsel forUnited States Catholic Conference, one of the organizations that has led the fight against as-sisted suicide.").INTERIM REPORTAnd, for us, there wouldn't be much point in doing what we do if therewasn't an Easter." The hope of my salvation lies in my faith and in myworks. That is where I found myself ten years ago, and that is where I findmyself today. Ten years ago I placed myself in God's hands to decidewhether I should be called to serve as General Counsel. That was a diffi-cult thing for me to do. In reading Cardinal Joseph Bemardin's book, TheGift of Peace,3 I learned that he struggled with this process a great deal. Ihave only been able to do so occasionally and imperfectly. Each day Ipray for wisdom, for courage, and for honesty. In doing this, I join myprayers and works with yours.In conclusion, the works of this Association stand in sharp contrast tothe views of the profession advanced in our secular society. To do whatwe do everyday demands that we be people of faith, knowledge, courage,and integrity. We must continue to use our very best skills to analyze thelaw, and to speak the truth courageously. We have done much in pursuitof the common good. Let us continue our work asking only for God'sblessings along the way.3 JOSEPH CARDINAL BERNARDIN, THE GIFT OF PEACE (1997).6 39 CATHOUC LAWYER, No. 1

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