Court decision shielding clergy sex abuse investigation records appealed by Washington state

The Washington Attorney General's office says Catholic Church records related to child sex abuse do not qualify for religious exemption and should be made public.

That’s according to a recent appeal to overturn a previous decision that prevented investigators from subpoenaing Catholic Church records. That lower court decision, issued by a King County Superior Court judge, said the records were protected under the state's Charitable Trust Act.

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In the filing, the AG's office argues that the religious exemptions don’t apply to secular misconduct like child sex abuse, and the ruling conflicts with other laws.

“The stakes in this case are profound. At issue is not only the AGO’s ability to investigate the misuse of charitable trust funds to conceal and facilitate something as horrific as child sex abuse, but also the fundamental principle that no institution—religious or otherwise—should be above the law when Washingtonians’ fundamental right to freedom from sexual abuse is at stake,” the attorney's office wrote.

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The Archdiocese of Seattle said they expected that the AG’s office would appeal and plan to respond to this filing in the courts.

“The Archdiocese of Seattle is committed to transparency and accountability to help those who have been harmed heal and to rebuild trust. The Archdiocese of Seattle remains steadfast in its offer to collaborate with the Attorney General,” said Helen McClenahan, a spokesperson for the Archdiocese.

The legal fight for the records came as a surprise for organizers at the church earlier this year who said they were working with the AG’s office in sharing their records. The AG’s office said they need access to all records to know if the Church was using their charitable trust status to cover up sexual abuse by clergy.

A King County Superior Court judge sided with the Archdiocese back in July, ruling that the Attorney General’s Office did not have the jurisdiction to subpoena those records. Judge Michael Scott cited the Church’s religious exemption from state charitable trust laws — the core argument made by Seattle Archbishop Paul Etienne and Archdiocese attorneys.

"This case is about requiring our elected officials to respect the limitations on their authority that are imposed by law. That limitation is present in the religious exemption from charitable trusts,” said Archdiocese attorney Theresa DeMonte during the hearing in July.

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First Assistant Attorney General Kristin Beneski argued that the church is using the law to hide behind accountability.

“They say they have complete and total immunity, but … our [state] Constitution does not allow religious organizations to claim legal immunity for secular conduct,” she said. “That violates the law."

Earlier this month the Archdiocese of Seattle also announced another settlement of roughly $785,000 in part related to two different allegations of sexual abuse by Father Gerald Moffat. The alleged abuse occurred in the '80s, when Moffat served as a pastor at the parish of Our Lady of Sorrows in Snoqualmie. Moffat committed suicide shortly after the suit was filed in 2002.

A third allegation that was settled involves abuse at the Holy Family Parish in Kirkland in 1975, by Terry McGrath, a basketball coach, who is also deceased.

The Seattle Archdiocese has answered to multiple child sexual abuse claims, paying tens of millions of dollars to settle allegations involving hundreds of victims.

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In 2016, the Seattle Archdiocese released the names of 77 Catholic clergy or religious order members accused of sexually abusing children. Those on the list served or lived in Western Washington between 1923 and 2008.

Archbishop Paul Etienne said in an announcement in July that Archdiocese officials have apologized and launched programs to support victims, including a new “healing ministry.”

“The ministry will … provide education and training on recognizing the signs of abuse, abuse prevention, and trauma sensitive pastoral competencies,” the announcement reads.

According to the Archdiocese, the ministry will look for solutions suggested by survivors and provide pastoral care — a system of support that typically includes confessions and reconciliations.