Washington AGO sues Catholic Church for documents in child abuse investigation

(The Center Square) — Washington Attorney General Bob Ferguson is asking a court to enforce a subpoena against the Catholic Church’s Seattle Archdiocese in an effort to obtain documents related to a child abuse investigation.

Speaking at Thursday's press conference, Ferguson said the investigation is looking into alleged “decades of persuasive sexual abuse” but the archdiocese has refused to hand over information that has already been made publicly available. The AGO’s investigation specifically is investigating whether three Washington dioceses used charitable funds to cover up allegations against clergy.

A press release statement says that “the Attorney General’s Office has a longstanding policy that it does not comment on investigations, including confirming whether they exist. Because the Seattle Archdiocese refused to comply with the office’s subpoena, the office now must seek a court order to move the investigation forward. This process made the investigation public.”

According to the motion filed in King County Superior Court, “the people of Washington have a compelling interest in learning the truth about the Church’s complicity in sexual abuse and whether the Archdiocese’s charitable trust funds were misused for that unlawful purpose. They deserve evidence-backed assurances — not empty promises — that going forward, those trust funds will never be used to harm children.”

In 2016, the Seattle Archdiocese released a list of clergy and religious leaders who the church believes were involved in sexual abuse of a minor in western Washington.

In response to the AG’s announcement, the Diocese of Yakima Pastoral Office issued a press release indicating the church’s desire to ensure youth are protected from sexual abuse. The statement said the diocese had invited the Attorney General to collaborate with the Catholic Church to address issues of concern, but no response had been received from Ferguson, despite assurances that the information would be provided to him. The church’s opinion is that the subpoena issued by Ferguson’s office is unwarranted and unlawful. 

“Our legal representatives were told the invitation would be communicated directly to the Attorney General. Sadly, it appears our offer to engage in a collaborative, constructive, and public process that could benefit all residents of Washington has not been accepted. Nor has the Attorney General’s office identified a valid legal basis for the extraordinary demands made on the Diocese. The subpoena is not authorized by any statute, and it runs afoul of the guarantees of the First Amendment of the United States Constitution and Article I, Section 11 of the Constitution of the State of Washington,” the diocese’s statement reads.

The church’s statement indicates that Catholic programs have been working, especially since 2002, to take a leadership role in protecting young people from abuse and provide care to the victims of child abuse. 

The diocese’s statement said the church works with authorities and internally to ensure reports of abuse are followed up on thoroughly.

“We report credible complaints promptly to law enforcement, cooperate in their investigations, and conduct our investigation if civil authorities decide not to proceed,” the statement read.

The King County Superior Court hearing is scheduled for May 22.

R. Hans Miller of the Columbia Basin Herald contributed to this report.