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On May 29, the day of his 75th birthday, Bishop Edward B. Scharfenberger of the Diocese of Albany submitted his resignation to Pope Francis. He previewed what he would tell the pope in an interview with The Evangelist on May 11.

“So what I am going to do is I have to write my letter on May 29, my birthday. So I will write, ‘Dear Pope, it’s been real.’ Something to the effect that I’m at your disposal, I’m not going to tell the pope one way or the other what to do, but I am not going to request to retire,” he said in the exclusive interview. “I have to submit my resignation because I have to but I am not going to make a special request that I am ready to retire, because I am not.”

It is more likely than not that Bishop Scharfenberger will remain the shepherd of the Diocese of Albany due to the Diocese’s decision to file for Chapter 11 reorganization. And he further hinted at that in the interview.

“One bishop, who is a classmate of mine, said guys that were ordained in 1975 are being asked to stay three years longer. So it’s logical that if you were ordained in 1973, you can add two years,” Bishop Scharfenberger said. “I just heard from another bishop friend, who said, ‘Oh, don’t worry if you are in bankruptcy, they’re not taking bishops out until the bankruptcy proceedings are over.’ I think it is very likely that I will be here unless they have some crackerjack they want to replace me with, which would be fine.”

Although Bishop Scharfenberger has no intention of retiring, what would happen if Pope Francis decides to replace him? Let’s look at the guide on the United States Conference of Catholic Bishops (USCCB) website, which outlines the process for how a new bishop is selected.

HOW IT ALL WORKS

The ultimate decision in appointing bishops rests with the pope and he is free to select anyone he chooses. But how does he know whom to select? The process for selecting candidates for the episcopacy normally begins at the diocesan level and works its way through a series of consultations until it reaches Rome.

It is a process bound by strict confidentiality and involves a number of important players — the most influential being the apostolic nuncio, the Congregation for Bishops and the pope. It can be a time-consuming process, often taking eight months or more to complete.

KEY TERMS

Apostolic nuncio: The pope’s representative to both the government and to the hierarchy of a given nation; a key person in deciding what names are recommended to the Congregation for Bishops for possible episcopal appointment.

Congregation for Bishops: A department of the Roman Curia, headed by a cardinal. The head of the congregation, called the “prefect,” is presently Cardinal Marc Ouellet, a Canadian. Among the congregation’s responsibilities are moderating all aspects of episcopal appointments; assisting bishops in the correct exercise of their pastoral functions; handling ad limina visits (regular visits to Rome by bishops every five years); and establishing episcopal conferences and reviewing their decrees as required by canon law. Its membership consists of approximately 35 cardinals and archbishops from around the world. Current U.S. members of the congregation are Cardinal William J. Levada, Prefect Emeritus of the Vatican Congregation for the Doctrine of the Faith, and Cardinal Donald W. Wuerl, Archbishop of Washington.

Province: A territory comprising one archdiocese, called the metropolitan see, and one or more dioceses, called suffragan sees. The Code of Canon Law spells out certain limited obligations and authority that the metropolitan archbishop has with respect to the dioceses within his province. The United States is divided into 33 ecclesiastical provinces.

Terna: A list of three candidates for a vacant office, including the office of bishop.

STAGE 1: BISHOPS’ RECOMMENDATIONS

Every bishop may submit to the archbishop of his province the names of priests he thinks would make good bishops.

What could a potential candidate look like? Canon 378 gives us some insight:  “In regard to the suitability of a candidate for the episcopacy, it is required that he is: 1. outstanding in solid faith, good morals, piety, zeal for souls, wisdom, prudence and human virtues, and endowed with other qualities which make him suitable to fulfill the office in question; 2. of good reputation; 3. at least 35 years old; 4. ordained to the presbyterate for at least five years; and 5. in possession of a doctorate or at least a licentiate in sacred scripture, theology or canon law from an institute of higher studies approved by the Apostolic See, or at least truly expert in the same disciplines.”

Prior to the regular province meeting (usually annually), the archbishop distributes to all the bishops of the province the names and curricula vitae of priests which have been submitted to him. Following a discussion among the bishops at the province meeting, a vote is taken on which names to recommend. The number of names on this provincial list may vary. The vote tally, together with the minutes of the meeting, is then forwarded by the archbishop to the apostolic nuncio in Washington. The list is also submitted to the USCCB.

STAGE 2: THE APOSTOLIC NUNCIO

By overseeing the final list of names forwarded to Rome, the apostolic nuncio plays a decisive role in the selection process. He not only gathers facts and information about potential candidates, but also interprets that information for the congregation. Great weight is given to the nuncio’s recommendations, but it is important to remember that his “gatekeeper” role, however, does not mean that his recommendations are always followed.

For diocesan bishops

After receiving the list of candidates forwarded by a province, the apostolic nuncio conducts his own investigation into the suitability of the candidates. 

A report is requested from the current bishop or the administrator of a diocese on the conditions and needs of the diocese. If the appointment is a replacement for a diocesan bishop about to retire, consideration will be given to the incumbent’s recommendations. Broad consultation within the diocese is encouraged with regard to the needs of the diocese, but not the names of candidates.

The report is to include the names of individuals in the diocese with whom the nuncio might consult and how to contact them. Previous bishops of the diocese are consulted. Bishops of the province are consulted. The president and vice president of the USCCB are consulted.

At this point, the nuncio narrows his list and a questionnaire is sent to 20 or 30 people who know each of the candidates for their input. All material is collected and reviewed by the nuncio, and a report (approximately 20 pages) is prepared. Three candidates are listed alphabetically – the terna – with the nuncio’s preference noted. All materials are then forwarded to the Congregation for Bishops in Rome.

STAGE 3: CONGREGATION OF BISHOPS

Once all the documentation from the nuncio is complete and in order, and the prefect approves, the process moves forward. If the appointment involves a bishop who is being promoted or transferred, the matter may be handled by the prefect and the staff. If, however, the appointment is of a priest to the episcopacy, the full congregation is ordinarily involved.

A cardinal relator is chosen to summarize the documentation and make a report to the full congregation, which generally meets twice a month on Thursdays. After hearing the cardinal relator’s report, the congregation discusses the appointment and then votes. The congregation may follow the recommendation of the nuncio, choose another of the candidates on the terna, or even ask that another terna be prepared.

STAGE 4: THE POPE DECIDES

At a private audience with the pope, usually on a Saturday, the prefect of the Congregation for Bishops presents the recommendations of the congregation to the Holy Father. A few days later, the pope informs the congregation of his decision. The congregation then notifies the nuncio, who in turn contacts the candidate and asks if he will accept. If the answer is “yes,” the Vatican is notified and a date is set for the announcement. It often takes six to eight months — and sometimes longer — from the time a diocese becomes vacant until a new bishop is appointed.

For example, Pope Francis recently appointed Monsignor Edward M. Lohse, vicar general and moderator of the curia for the Diocese of Erie, Pa., as the new head of the Diocese of Kalamazoo (Mich.) to replace Bishop Paul J. Bradley. The appointment was announced officially on May 23, but Bishop Bradley had submitted his resignation on Oct. 18, 2020, the day he turned 75.

Sources: USCCB and OSV News

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