The Washington State Court of Appeals has reinstated the Attorney General’s authority to investigate whether the Catholic Church misused charitable assets in connection with decades of alleged clergy sexual abuse, a decision that could shape oversight of religious institutions across the state, including in Southwest Washington.

The unanimous opinion, issued Monday by a three-judge panel, reverses a prior ruling from King County Superior Court that had blocked the Attorney General’s subpoena. According to the appellate opinion, the lower court must now determine which records the Church is legally required to produce while ensuring the inquiry does not intrude on matters of faith or doctrine.

In a public statement, Governor Bob Ferguson said the ruling affirms the state’s interest in transparency and accountability. Ferguson launched the investigation in 2023 while serving as Attorney General, framing it as part of a broader effort to uncover whether charitable funds were used to conceal misconduct. He noted that similar inquiries in other states have uncovered substantially more alleged abusers than Church officials initially disclosed.

The case centers on Washington’s Charitable Trust Act. The Corporation of the Catholic Archbishop of Seattle, which oversees parishes across Western Washington, argued that it was exempt from the statute’s definition of “trustee” and therefore outside the Attorney General’s subpoena authority. In the appellate opinion authored by Judge Ian Birk, the panel rejected that argument, concluding that while religious organizations receive certain statutory protections, those protections cannot be used to shield evidence of potential criminal or tortious acts.

The opinion states that constitutional religious protections do not grant institutions “absolute immunity” when allegations involve harm. The ruling emphasized that the Attorney General may seek documents relevant to determining whether criminal or civil violations occurred. According to Attorney General’s Office filings summarized in the opinion, the original subpoena sought materials dating back to 1940, including records related to clergy discipline, reassignments, communications with law enforcement, settlement agreements, and financial transactions.

The court also cited a Washington Supreme Court precedent holding that statutory exemptions for religious organizations must track closely with the constitutional principles that justify them. That framework, the panel wrote, allows investigations into possible criminal conduct while avoiding state interference with internal religious decisions.

The case now returns to King County Superior Court for a determination of what specific documents must be produced. The appeals court noted that the state’s investigation cannot evaluate or question matters of doctrine but may examine whether church officials took or funded actions that could constitute criminal or tortious conduct.

The Archdiocese has not announced whether it plans to ask the Washington Supreme Court to review the ruling.

While the litigation is based in King County, the Archdiocese’s jurisdiction spans from the Canadian border to the Columbia River. Parishes in Cowlitz County fall within that territory, meaning any mandated disclosures could include historical records connected to local congregations. For survivors in Southwest Washington and for parish communities in Longview and Kelso, the appellate decision may shape what information becomes public as the case proceeds.

Why this matters for Southwest Washington

The Attorney General’s investigation concerns statewide oversight of charitable assets, a topic that intersects with nonprofit governance across the region. Religious institutions often serve as major community hubs in Southwest Washington, and the ruling underscores that charitable entities—religious or otherwise—remain subject to state review when potential misuse of assets or concealment of harm is alleged.

The Attorney General’s Office has stated in court filings that the investigation is ongoing. No findings have been released, and no allegations have been adjudicated.

Sources

• Appellate opinion from the Washington State Court of Appeals (Division I), filed Monday.
• According to reporting by MyNorthwest.