Spokane Diocese: Contempt sought against diocese attorney, a tempest in a teapot?
The contempt sought against Greg Arpin, the attorney for the Spokane Diocese in the bankruptcy proceeding in Spokane seems to be a tempest in a tea pot. Here is the January 13, 2010 email which supposedly is the basis for the order to show cause:
Gloria [Nagler] and David [Kerruish]:
The Diocese has determined not to request from the District Court a stay of the claim payments pending its appeal. It does intend however on pursuing its appeal of the issues raised by Judge Williams’ determinations regarding review of the TCR’s claims decisions. If during the course of that appeal, the TCR issues any rulings allowing additional claims which allowances we feel are in violation of the terms and conditions of the Plan regarding future claims, we will move at that time with the District Court for stay of payments on any such claims pending resolution of the issues on appeal. Further, if it ultimately prevails on its appeal that the TCR determinations can and should be reviewed for ultra vires acts and abuse of discretion, the Diocese reserves all rights to look to the Trustee to reimburse the FC Fund for money paid out on claims that do not qualify under the Plan as Future Claims.
Greg [Arpin]
See Nagler Associates.
In the Spokesman Review, Spokane Diocese lawyer faces court action piece it is said that Ms. Nagler says she does not have insurance to cover the claim if one is made. This is an odd bit. Ms. Nagler seems to be saying she should not have to have professional insurance for her negligence as a trustee and that because she does not Mr. Arpin should be held in contempt because he has asserted she has to be sure she meets the proper standard of care in her dealings.
Something is quite troublesome here. More work to understand this contempt request needs to be undertaken.