Washington state Attorney General Bob Ferguson announced yesterday that it has filed a petition to enforce a subpoena against the Catholic Diocese of Seattle in the AG's investigation of allegations of the misuse of charitable funds to cover up clergy child sex abuse claims. The Seattle Diocese has refused to cooperate in the investigation of three dioceses in the state. The Petition to Enforce the Subpoena of the Complex Litigation Division, (Super. Ct., filed 5/9/2024) (full text) says in part:
Although the Church has released only limited records regarding the extent of its complicity in the sexual abuse of children by its clergy, these limited records make clear that the Archdiocese in Washington State not only failed to warn the public about serial child sex abusers within the Church’s ranks, but actively protected such abusers and repeatedly ensured they would have access to new child victims by frequently allowing them to transfer locations. One especially illustrative example is Father Michael J. Cody, whom the Archdiocese allowed to minister in multiple parishes for over 15 years without ever warning the public, reporting his extensive history of sexually abusing children, or taking any meaningful action to protect the many vulnerable children he victimized.
Relying on Washington's Charitable Trust Act in subpoenaing the Diocese, the AG argues that the religious organization exemption in the Act should not be applied to prevent a sexual abuse investigation. It also argues that the 1st Amendment's Free Exercise clause does not shield the Diocese here.