Diocese wants Kentucky newspaper held in contempt

By The Associated Press

08.28.02

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FRANKFORT, Ky. — The Roman Catholic Diocese of Lexington wants The Courier-Journal held in contempt of court for publishing parts of a lawsuit that the diocese wants to keep sealed.

The diocese has asked the Kentucky Supreme Court to hold the Louisville newspaper in contempt and order it not to publish anything further about the sealed portions of the lawsuit until the issue is resolved in court.

The sealed sections in dispute are part of a lawsuit filed by Lexington lawyer Robert Treadway on behalf of five people who claim they were sexually abused as children by priests in the Lexington diocese or its predecessor, the Covington diocese.

The lawsuit, which names the diocese as defendant, alleges that church officials engaged in a pattern of covering up or failing to deal with allegations of sexual misconduct by priests.

To support that claim, the sealed portion cites several examples of alleged sexual misconduct by priests.

Fayette Circuit Judge Mary Noble ruled July 24 that those allegations were not relevant to the case but ordered the entire case unsealed and open to the public. The diocese, however, has obtained temporary court orders keeping the portions Noble ruled were irrelevant sealed while it appeals the decision.

The Courier-Journal and the Lexington Herald-Leader are seeking to have the entire file unsealed.

"The Courier-Journal was well aware that the allegations were sealed but printed them anyway," the diocese said in a motion filed Aug. 26. The diocese asks that the newspaper, as a sanction, be forced to pay the diocese's costs of its legal fight to keep portions of the lawsuit sealed.

Jon Fleischaker, an attorney for The Courier-Journal, called the diocese's motion "highly inappropriate."

"There is nothing in any court order prohibiting publication of any of the information," he said yesterday.

In a motion filed with the state Supreme Court yesterday, Fleischaker said the diocese's motion "strikes at the heart of the First Amendment rights of free speech and freedom of the press."

Citing a previous Supreme Court decision on press freedom, Fleischaker's motion adds, "This court has recognized that 'news is news when it happens and the news media need access while it is still news and not history.'"

The Supreme Court, in a brief order issued yesterday, did not address the dispute. Rather, the order by Chief Justice Joseph Lambert said only that the court would hold a hearing Sept. 17 on whether parts of the lawsuit should remain sealed. The order said the court would give "full consideration of all issues."

Update

Kentucky high court won't hold newspaper in contempt
Ruling turns down request by Catholic diocese to cite The Courier-Journal for publishing information contained in sealed court documents.  12.20.02

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State appeals court: Church-abuse lawsuit should be made public
Three-judge panel says Kentucky diocese didn't show there was a compelling public interest to keep some material in case secret.  08.12.02