LINCOLN (NE)
Lincoln Journal Star
March 11, 2019
By Peter Salter and Riley Johnson
The Catholic church pushed back against state investigators this month, asking a judge to toss the 400 subpoenas the Nebraska attorney general served on churches and schools this week seeking evidence of clergy sex abuse of minors.
Short of that, church officials asked a judge to give them more time to comply, and to force Attorney General Doug Peterson to narrow his requests.
“The attorney general has improperly attempted to use these subpoenas like warrants without a showing of probable cause, by demanding immediate responses, threatening sanctions for failing to comply, and using the element of surprise,” lawyers for the bishops wrote.
On Tuesday, Peterson announced he’d instructed law enforcement officers across the state to serve 400 subpoenas on Catholic churches, schools and other institutions. Specifically, he required all records related to any assault or abuse by those employed or associated with each church or institution, whether previously reported or not, according to his news release.
What the release didn’t say: Peterson was demanding information covering 22 years, according to court documents. He was expecting immediate compliance from the offices of the Diocese of Lincoln and Archdiocese of Omaha. And he was giving churches and schools three days to turn over records.
Attorneys for both sides met privately with Lancaster County District Judge Robert Otte in his chambers March 1 before agreeing in court to delay the fight. Both sides will return to court later this month. Until then, the attorney general’s office has agreed not to enforce the subpoenas.
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