The first criminal case against a sitting U.S. bishop for clergy sex abuse will go forward.

That’s the word from a Jackson County judge in a response to a series of motions to dismiss the charges.

Bishop Robert Finn, head of the Kansas City-St. Joseph diocese, must stand trial on charges of failing to report suspected child abuse.

Judge  John Torrence rejected motions filed by Finn’s lawyers that charges against the bishop were unconstitutional.

 

They also questioned whether Finn can be considered a “mandated reporter” according to Missouri law.

Judge Torrence issued a ruling Thursday in which he found that the evidence in the case is sufficient to allow a jury to decide.

The charge against Finn centers on the case of Father Shawn Ratigan, the priest who was arrested last May on charges of possession of child pornography. While the bishop said he was aware of questionable images on the priest’s laptop as early as December 2010, the Diocese did not report Ratigan to police for about six months.

In separate indictments in October, prosecutors charged both Finn and the Kansas City-St. Joseph diocese as a whole with criminal misdemeanors in the case. They have pleaded not guilty.

The ruling clears the way for a trial, now tentatively scheduled September 24.