Survivors of clergy abuse urge Wisconsin AG Kaul to continue to pursue evidence after recent bankruptcy ruling
FOR IMMEDIATE RELEASE: 10-14-2024
A letter sent today to Attorney General Josh Kaul by Wisconsin survivors of clergy sexual abuse is voicing outrage regarding a recent ruling by a federal bankruptcy court that prohibits the Wisconsin DOJ from reviewing confidential reports detailing alleged abuses committed by nearly 300 clergy, religious, teachers and others in the Milwaukee Archdiocese. While Attorney General Kaul has the option to file his intent to appeal this decision by Monday, survivors are urging him to also explore more effective legal avenues to access crucial abuse documents from Wisconsin’s five Catholic dioceses as well as religious orders.
In a letter, survivors emphasized their disappointment that the thousands of pages of documents—considered direct criminal evidence—remain sealed, accessible only to church officials implicated in the abuses. They expressed concern that the bankruptcy judge’s decision prioritizes the protection of the Archdiocese’s assets over the critical enforcement of child abuse laws.
“The decision to keep this mountain of evidence sealed within the bankruptcy vaults is alarming. It allows only the very church officials implicated in these abuses to access the reports, perpetuating a cycle of secrecy and denial. It is unacceptable that a bankruptcy judge, who is not elected by the citizens of Wisconsin, holds such power over the enforcement of child abuse laws and protections,” the survivors wrote.
The letter underscores the importance of ensuring that charitable organizations, including religious institutions, do not misuse their status to conceal abuse.
The survivors urge Kaul and the DOJ to consider alternative methods for accessing vital evidence, including leading the reform of Wisconsin’s charitable trust statutes to better facilitate investigations into institutional abuse by obtaining evidence through subpoenas. This approach has been successfully used by other states’ attorneys general to obtain abuse documents, initiate criminal prosecutions, and enforce state laws pertaining to the legal use of charitable funds.
While calling for an appeal of the recent ruling, the survivors reiterated their commitment to supporting Attorney General Kaul’s ongoing statewide investigation. They encourage all survivors and witnesses to come forward to the Attorney General, reinforcing that every report of abuse must be treated with the utmost seriousness.
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Attorney General Josh Kaul
Wisconsin Department of Justice
17 West Main Street
P.O. Box 7857
Madison, WI 53707-7857
Dear Attorney General Kaul,
We, the survivors of clergy sexual abuse from Wisconsin, wish to express our heartfelt gratitude for your support and advocacy in our ongoing quest for justice, transparency, and accountability. Your commitment to protecting children and fighting for victims’ rights has been a source of hope for many of us.
However, we are deeply troubled and outraged by the recent ruling from the federal bankruptcy court, which prohibits you, as the chief law enforcement officer of our state, from reviewing the hundreds of confidential reports detailing child sexual abuse committed by nearly 300 members of the clergy, ministers, deacons, and others in positions of authority. This ruling, astonishingly, continues to deny the request that victims have made for you to access these crucial documents, which constitute direct criminal evidence.
The decision to keep this mountain of evidence sealed within the bankruptcy vaults is alarming. It allows only the very church officials implicated in these abuses to access the reports, perpetuating a cycle of secrecy and denial. It is unacceptable that a bankruptcy judge, who is not elected by the citizens of Wisconsin, holds such power over the enforcement of child abuse laws and protections.
We echo your concerns regarding the misleading public statements made by the Archdiocese of Milwaukee, which suggest that only 48 individuals have been identified as perpetrators. This representation is based solely on investigations allowed by the court, excluding the vital input and evidence that you should be able to examine.
Sadly, the bankruptcy judge has made it abundantly clear that protecting the assets and secrets of the Archdiocese is a priority over law enforcement and justice. We understand that today marks the deadline for you to file your intent to appeal this decision. Like you, our ultimate goal is truth and justice, not an endless cycle of litigation within the bankruptcy courts.
The responsibility of your office is to ensure that all charitable organizations, including religious institutions, are held accountable and do not misuse their charitable status to conceal and cover up child sexual abuse. This abuse is not a religious practice, nor is the covering up of such acts. Bankruptcy statutes should not be used to withhold criminal evidence from legal investigations.
We believe there are more appropriate means for you to obtain the criminal evidence contained in the files of the five dioceses in Wisconsin. Legal and constitutional experts across the nation have recommended using charitable trust statutes to access crucial evidence through subpoenas. We hope you will consider drafting legislation to reform these statutes, which are often outdated and not designed to facilitate investigations into widespread child sexual abuse within charitable institutions.
While we encourage you to file your intent to appeal to the federal bankruptcy court today, we understand the need to also explore more effective paths toward justice. We trust that you are ready to pursue these alternatives in the coming months in keeping with your commitment to conduct a full investigation and use all the powers of your office to obtain evidence.
Finally, we were heartened by your recent statement reaffirming your commitment to continue your investigation. We urge survivors, witnesses, and anyone with evidence of abuse within faith-based institutions to continue reaching out to your office, as many already have. It is vital that these voices are heard and that all reports of abuse are treated with the seriousness they deserve.
Sincerely,
Clergy abuse survivors of Wisconsin