Washington AG will appeal court decision rejecting subpoena of Seattle Archdiocese

SEATTLE (WA)
Crux [Denver CO]

July 16, 2024

By John Lavenburg

Washington Attorney General Bob Ferguson has said he will appeal a judge’s decision to reject his request to enforce a subpoena against the Archdiocese of Seattle in a clergy sex abuse investigation, while Archbishop Paul Etienne has renewed his offer for collaboration between the sides.

Alleging that the Archdiocese of Seattle refused to cooperate, Ferguson’s office announced in May that he filed a court petition to get the subpoena enforced. The subpoena sought archdiocesan records for an investigation into whether the archdiocese used charitable funds to cover up clergy sex abuse allegations.

Ferguson’s office first sent the subpoena to the Archdiocese of Seattle in July 2023, and then again this past April seeking additional information, including accounting and financial records. The Dioceses of Spokane and Yakima, also in Washington, were subpoenaed as well.

Rejecting Ferguson’s request on July 12, King County Superior Court Judge Michael Scott ruled that the attorney general does not have legal authority to enforce a subpoena against the Archdiocese of Seattle, highlighting the religious exemption that exists in the Washington State law governing charitable trusts.

In response to the decision, Etienne said his offer for collaboration stands.

“We remain focused on the need for healing and proper governance in these matters. While ironing out the legalities is important, I take no pleasure in today’s outcome,” Etienne said in a statement. “Because we are committed to preventing abuse, promoting transparency and continuously improving our processes, my offer to collaborate with the attorney general still stands.”

Conversely, Ferguson, who is vying for the state’s governorship, said the fight is not over.

“Our fight for survivors of clergy abuse is not over,” Ferguson said in a statement after the ruling. “We plan to immediately appeal this decision because Washingtonians deserve a full public accounting of the Church’s involvement in and responsibility for the child sexual abuse crisis.”

In May, the Archdiocese of Seattle defended its track record, highlighting actions it has taken to prevent and respond to clergy sex abuse in the archdiocese. Some of the more recent actions, dating back to 2016, include publishing a public list of credibly accused clergy, launching a website that provides on the issue of clergy sex abuse in the archdiocese that includes prevention efforts and support for victims and their families, and expanding its victim assistance support resources.

Ferguson has not taken further action against the Dioceses of Spokane and Yakima the way he did the Archdiocese of Seattle. However, in May, when he announced the court petition filed against the Archdiocese of Seattle, and revealed the investigation into the Washington dioceses, he alleged that all three dioceses were withholding information.

“The church has more information than is shared with the public,” Ferguson said in May. “It has released names, but has not released its files on these abusive priests. No one has read files. The purpose of our investigation is to uncover whether the church has misused charitable funds to cover up systemic sexual abuse and shield abuse of priests.”

In Ferguson’s July 12 statement he doubled down alleging the church hasn’t been transparent.

“As a Catholic, I believe in justice for survivors and I am disappointed by the Church’s lack of transparency,” Ferguson said. “We will do everything we can to uncover the truth and bring a voice to survivors.”

https://cruxnow.com/church-in-the-usa/2024/07/washington-ag-will-appeal-court-decision-rejecting-subpoena-of-seattle-archdiocese