Potentially incriminating Catholic Church records of sexual abuse by priests or efforts to cover up those incidents are to be kept from public scrutiny for now, an Alameda County Superior Court judge ruled Wednesday.
The decision by Judge Ronald Sabraw allows attorneys defending the Catholic Church to stamp "Confidential" on sensitive or revealing documents submitted to the court during the discovery phase of the approximately 160 sex-abuse civil lawsuits being coordinated under the title "Clergy III."
The media will not be privy to paperwork labeled confidential until the documents become evidence at trial or are used to back requests to have cases dismissed, according to Sabraw's ruling. The public is to have the option of reviewing generic data gathered by the court.
"If the church complies with the letter and spirit of the order, I would expect it would result in a substantial number of documents made public," said Larry Drivon, who is among the plaintiffs' attorneys in the "Clergy III" litigation. "Given the history ... a healthy dose of skepticism is appropriate."
Drivon says the order should give the public access to "all but a very narrow group of documents."
Documentation of lurid behavior by priests and paper trails indicating that abusive clergymen were transferred to keep problems secret would qualify for confidential status.
In the order, Sabraw agreed with church attorneys that the privacy rights of the church outweigh the public interest in the information during the discovery phase.
"We had significant concerns regarding not only privacy rights regarding the institution but also privacy rights of the individual, and this looks like a pretty good step in the right direction," said church attorney James F. Sweeney.
Church records are private, and the public does not have a constitutional right to see them at this stage, Sabraw reasoned.
Sabraw noted that public safety is not a factor because news of the scandal is widespread and those claiming to be victims have already taken their allegations to civil courts.
Sabraw recommended guidelines for deeming documents confidential. He asked attorneys for the church and the plaintiffs to agree to a permanent set of standards by next Friday.
The names of accused priests can be made public once there are witness accounts or documentation to corroborate molestation claims, according to the ruling. The names of the alleged victims and personal information about them should remain confidential, according to Sabraw.
Sabraw also recommended keeping secret the names of victims' family members, church employees and witnesses. Any-one involved in the cases who releases the protected information risks "substantial monetary sanctions," the judge warned.