The Arizona Supreme Court decided Tuesday it will consider a priest’s arguments for why he’s entitled to a jury trial for a misdemeanor charge.
The court agreed to set oral arguments in the case against Dale Fushek, former priest of St. Timothy’s Catholic Community in Mesa, who was charged in Nov. 2005 with having sexually related discussions during confessions with teenagers and exposing himself to teens as he got into his hot tub.
Fushek’s attorney, Tom Hoidal, argued before the Court of Appeals in June that the priest is entitled to a jury trial because he could be required to register as a sex offender if he’s convicted — a serious punishment.
But the Court of Appeals rejected that claim. The court found that jury trials are reserved for “serious” offenses, such as those punishable by at least six months in jail, and for offenses that historically have been promised a jury trial. The case against Fushek didn’t qualify in either situation, wrote presiding Judge Lawrence Winthrop.
Fushek faces one count of assault, five counts of contributing to the delinquency of a minor and one count of indecent exposure. Fushek served as St. Timothy’s priest for 20 years and founded the national Life Teen program.
