Office of General Counsel

Transcription

1 Office of General Counsel The Staff Anthony R. Picarello, Associate General Secretary/General Counsel Religious freedom, marriage, land use, liability, church administration issues Jeffrey Hunter Moon, Legal Director/Solicitor Litigation, case management, discovery and liability issues Carlos Ortiz Miranda, Associate General Counsel Immigration law and related matters, corporate and international law Katherine G. Grincewich, Associate General Counsel Communications, trademark and copyright, and corporate law Michael F. Moses, Associate General Counsel Labor and employment, pro-life issues, and litigation Patricia A. Shutta, Executive Assistant USCCB/NDAA Teresa Green-Moses, Staff Assistant Pamela Brackett, Staff Assistant Questions regarding a specific issue should be directed to the attorney with expertise in that area.

2 The Office of General Counsel (OGC) serves as the legal advisor to and advocate for the United States Conference of Catholic Bishops (USCCB). The USCCB is a canonical organization of Catholic hierarchy, through which the bishops exchange ideas and information, deliberate on the Church s concerns, and respond as a body. It is also a civil, nonprofit corporation that serves as the public policy agency of the Bishops. The Office of General Counsel (OGC) provides advice and counsel to the USCCB in corporate and transactional matters, specialized policy areas and litigation. OGC also assists dioceses, in concert with their diocesan attorneys and specialized diocesan staff members. The Office supports State Catholic conferences and related Catholic organizations when their interests are national in scope or affect the Church as a whole. The OGC also works closely with counsel for other religious denominations on collaborative efforts to protect religious entities in the United States. The OGC attorneys have special expertise in areas of legal practice affecting Church organizations. These include tax exemption and associated lobbying and political activity restrictions, Church-related social security and pension plan issues, immigration, intellectual property, international aspects of Church interests, education, civil rights, pro-life and communications. Practice expertise lies in church-state relations, with particular attention to notfor-profit entities. The OGC assists the USCCB in its legislative activities by analyzing and drafting legislation, preparing testimony, and participating in rulemaking and other federal agency proceedings. The OGC represents the USCCB in litigation as a party or as amicus curiae, and guides, coordinates and supports the efforts of diocesan counsel in matters potentially affecting the Church. The attorneys also publish scholarly works on constitutional church-state issues and the effect of state and federal law and regulation on Church entities. Finally, the OGC provides a framework for consultation among diocesan counsel through the sharing of specialized information, the conduct of regional meetings, and the convening of a national meeting for continuing education and discussion on matters affecting the legal affairs of the Church. Communications The USCCB and dioceses are both producers and consumers of programs distributed over broadcast outlets and common carrier and satellite services. The Office of General Counsel advocates the Bishops interests in telecommunications by participating in rulemakings, legislation, and litigation. It also maintains communications with diocesan attorneys and communications directors, and offers legal advice regarding governmental policies and procedures on telecommunications matters.

3 Constitutional Law The USCCB seeks to advance reasonable interpretations of the Establishment and Free Exercise Clauses. Religion Clauses precedent has been and continues to be set in cases involving government entitlement programs such as in aid to education and social benefits, labor relations, discovery of Church records, and tort liability. Religious liberty interests are also implicated in cases raising free speech, government regulation, obscenity and indecency, and separation of powers issues. The Office of General Counsel is directly involved in litigation, legislation, and administrative actions which effect these interests. The OGC also works as needed with representatives at other national conferences to promote a better working relationship between religion and government. Corporate/Copyright/International The OGC reviews leases, service agreements, and other contracts, drafts corporate documents and handles other related business matters for the USCCB and its associated organizations. The Office handles USCCB trademark and copyright matters regarding the creation, license, and publication of music, writings, and film and video productions. Analyses of the effect of international law on Church activities and the obligations of the United States entities under international law are also part of the OGC s functions. Education, Civil Rights, Pro-Life and Social Justice In social and individual justice, the OGC analyzes and drafts new legislation, interprets existing statutes and regulations, and helps policy makers in proposing solutions. This is particularly true in the pro-life area, where the OGC supports a broad range of legislative, regulatory, and litigation activity to protect all life from conception until natural death. In this regard, the OGC attorneys often consult on legal and ethical issues arising in a medical context. The OGC is active in defense of civil rights through legislation, especially as it affects Church entities as employers, and participates in federal entitlement programs. It also concentrates on litigation, legislation and regulation affecting elementary and secondary education, with special emphasis on private education. The relationship of the federal and state governments to entities providing private, religious education is the subject of ongoing constitutional scholarship. The OGC does not generally provide advice on state and local matters, including those of local dispute in education, pro-life, or social justice. General Litigation The Office of General Counsel participates in litigation to (a) defend the USCCB if it is a party or is subpoenaed as a third party, (b) advise diocesan attorneys in cases where they are defending church-related entities, and (c) act as intervenor or as amicus curiae to advance the policies of the Bishops. It normally will not be directly involved in local diocesan litigation or as

4 part of a coalition effort to influence the courts, except where involvement is in direct response to USCCB policy or interest, usually undertaken with other religious collaborators. Immigration The OGC provides analysis and counsel regarding visa policy and practice with emphasis on religious worker visas, refugees, asylum, and employer sanctions. It monitors, reviews and comments on rulemaking and other proceedings before federal agencies, particularly the Department of Homeland Security and the Congress. The OGC also serves as counsel to the Board of Directors for the Catholic Legal Immigration Network, Inc., the legal services organization providing education and support for diocesan immigration programs and religious institutes. It does not represent individual clients before immigration authorities, although it supports Church representatives by distributing information on immigration law and agency procedure. Tax The OGC tax practice focuses on the needs and interests of the Church and its related entities as tax-exempt section 501(c)(3) organizations, and provides legal advice on general principles of federal tax law relating to such organizations. Among these needs are the USCCB group tax exemption, unrelated business income tax, deductibility of contributions, Form 990 filing requirements, and general issues relating to income and social security taxation for priests and religious. The OGC also provides interpretive guidance on the section 501(c)(3) restrictions on lobbying and political activity. OGC does not provide guidance regarding planned giving or state and local law, e.g., sales and property tax exemptions, estates, trusts, nor does it review individual pension plans or tax forms. Contact Us United States Conference of Catholic Bishops Office of General Counsel 3211 Fourth Street, N.E. Washington, D.C Tel: (202) Fax: (202) Website:

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