Washington AG, which investigates clergy abuse, demands church records

SEATTLE – Washington state Attorney General Bob Ferguson announced Thursday that he is seeking a court order to force the Archdiocese of Seattle to release files on priests accused of sexual abuse and to force its archbishop to answer questions Oath to answer Dioceses handled allegations of child sexual abuse.

Ferguson’s office is investigating “allegations that the Catholic Church enabled and attempted to cover up decades of pervasive sexual abuse of children by church leaders in Washington state,” according to his office’s petition for a court order.

With the Archdiocese of Seattle “refusing to cooperate” with civil subpoenas issued by his office last summer and last month, Ferguson made his investigation public Thursday by filing a legal motion in King County Superior Court seeking an order ” to enforce the subpoena”. his office said in a statement.

If obtained, such a court order would require Seattle Archbishop Paul Etienne to testify under oath and force Washington’s largest Catholic diocese to produce a long list of internal records, including its trove of secret archives, detailing decades of sexual abuse allegations Clergy.

“Washingtonians deserve a public accounting of how the Catholic Church handles allegations of child sexual abuse and whether donor funds were used to cover it up,” Ferguson said at a news conference. “As a Catholic, I am disappointed that the church has refused to cooperate with our investigation.”

The archdiocese issued a statement Thursday saying it had “already shared some of the requested information.”

“We have a good understanding of the contents of our files and have no concerns about sharing them lawfully and fairly with the Attorney General,” the statement continued.

Ferguson’s office said it also stands ready to seek court orders against Washington’s two other Catholic dioceses, in Yakima and Spokane, if one or both fail to comply with their latest subpoenas later this month.

Thursday’s action made Ferguson the 23rd attorney general to publicly announce an investigation into the Catholic Church in his state, his office said.

Washington’s investigation, long demanded by sexual abuse survivors and advocacy groups, is the first outside investigation into the Archdiocese of Seattle’s handling of clergy abuse, survivor advocates say. In 2016, the archdiocese publicly identified at least 79 clergy as “credibly accused” sex offenders based on its own private evaluations. But for years it has resisted advocates and media calls to release its secret clergy abuse files or allow independent investigators to see them.

Ferguson’s announcement was also the first time he acknowledged the existence of his investigation, which has been ongoing since at least July.

In February, his office refused to confirm or deny the investigation after a group of anti-clergy abuse activists held a news conference in which they claimed he was hiding the investigation from the public.

The announcement by Ferguson, a Democrat running for governor, came two days after NBC News pressed his office to disclose copies of subpoenas that a reporter requested in March under Washington’s Public Records Act. Without confirming whether they existed, the attorney general’s office delayed disclosure for more than two months, claiming it was still searching for records.

Ferguson’s subpoenas, made public for the first time this week and shared with NBC News late Wednesday, clarify the legal underpinnings of the investigation. The first subpoena cites his office’s authority to “investigate transactions and relationships of trustees and other persons” under the Washington Charitable Trust Act, which governs certain tax-exempt companies and entities that hold charitable assets in trust.

A civil subpoena has never been used in Washington to investigate a religious organization, according to a legal analysis provided to Ferguson’s office and obtained by NBC News.

Ferguson’s approach is similar to that used by New York Attorney General Leticia James in 2020 to sue the Catholic Diocese of Buffalo under state civil laws regulating charities. James’ lawsuit led to a groundbreaking settlement in 2022.

Ferguson’s first series of subpoenas to Washington’s Catholic dioceses each include a cover letter dated July 26 signed by him and sent separately to Etienne, Yakima Bishop Joseph Tyson and the Rev. Victor Blazovich, the Bishop of Spokane’s vicar of finance.

Ferguson’s letter said that while Washington’s Charitable Trust Act exempts religious organizations, “the exclusion does not apply in the context of child sexual abuse, a heinous offense unrelated to an organization’s religion or religious status.”

The attached subpoenas contain demands and orders for each diocese to produce more than 20 categories of records, including all reports of sexual abuse allegations made against priests and other clergy, employees and volunteers since Jan. 1, 1940.

The records requested include those containing allegations against priests and others whom the dioceses have already publicly identified as “credibly accused” sexual abusers, as well as those who have not. The subpoenas also ask dioceses to turn over notices to the Vatican about allegations of sexual abuse, records of the church’s policies on compensating victims who have alleged sexual abuse, and to account for any payments made.

According to the documents, all three dioceses initially had until August 25, 2023 to comply with the first subpoenas.

“The dioceses only responded with information that was already public. They have not fully responded to the subpoena,” the statement from Ferguson’s office said.

Ferguson’s office also released copies of a second set of “amended subpoenas” sent to the three dioceses last month. Each includes requirements to produce all previously identified records, as well as five additional categories of records, primarily financial and accounting.

The Archdiocese of Seattle had until May 10 to comply with Ferguson’s latest subpoena, but notified the office this week that it objects to the subpoena and will not comply, according to the attorney general’s office.

The deadline for the Yakima and Spokane dioceses to comply with their latest subpoenas is May 22, records show.

Neither dioceses immediately responded to NBC News’ requests for comment Thursday.