Friday, June 28, 2002
Judge to rule on sealing abuse documents
By Lori Burling
The Associated Press
LOUISVILLE — A Jefferson County Circuit judge said he would issue a ruling as soon as possible on the constitutionality of a state law being used to argue for the sealing of documents involving child sexual allegations against Roman Catholic priests.
Judge James M. Shake listened to more than two hours of arguments from attorneys for the Archdiocese of Louisville, the plaintiffs, a newspaper and the commonwealth attorney's office.
“I'll issue an opinion and order as soon as I can,” Judge Shake said after Thursday's hearing. “There's a lot to take in.”
Lawyers for the archdiocese filed a motion in May asking the court to seal the nearly 150 lawsuits filed against the archdiocese by plaintiffs who claim they were sexually abused as children by clergy and church employees. The lawsuits name the archdiocese as defendant, but not the accused priests. The priests' names are included within the lawsuits.
At issue is the constitutionality of a 1998 state statute that says documents involving sexual abuse with a minor must be sealed by the court if the complaint is made more than five years after the incident occurred. Most of the recent cases involve alleged abuse occurring more than 30 years ago.
Attorneys for the plaintiffs and The Courier-Journal asked the court to block the motion to seal the lawsuits, saying the statute was unconstitutional because it violated First Amendment rights.
Earlier this week, the state attorney general's office intervened, saying the statute does not apply to the lawsuits because the victims are not suing the alleged perpetrator.
Ed Stopher, the attorney for the archdiocese, said archdiocesan officials are concerned with priests being accused publicly before they are convicted of a crime. Of the 23 clergy members or church employees who have been accused within the lawsuits, only one has been criminally charged with sexual misconduct.
William McMurry, the attorney for 137 of the 146 plaintiffs, said the plaintiffs have the right to name priests who allegedly abused them.
35,000 braved storm at stadium
Excerpts from the Rev. Billy Graham's sermon
Graham's message to Cincinnati: Love each other, dark or light
Message on race: Love each other
Moment with Graham has inspired woman for decades
Munoz now tackling 'godly legacy'
Visitors have God, others in mind
Major insurance companies sued
Supreme Court upholds Cleveland voucher plan
Voucher possibility raises hopes
Voucher ruling narrowed church-state divide
Abducted child's father appeals to Powell for help
Budget cuts put squeeze on libraries
Project aims to beautify the Ohio
Hundreds expected to ply waters at Ohio River Run
Ind. casinos weigh new rules
Lawyer mum on missing girl
Obituary: William J. Schrimpf was doctor, artist
Tristate A.M. Report
BRONSON: Bigotry exists
SMITH AMOS: Meningitis study
Liberty Twp. woos Levee developer
Teen to be tried as adult in rape
Two boards divided on hospital site
Some wary of candid candidates
Emberton elevated to top appellate spot
Judge to rule on sealing abuse documents
Kentucky News Briefs
KSU may hire an interim chief
Newspaper workers fined in name dispute
'Vette museum, coupe mark golden jubilee
