San Diego diocese must face trials in sex-abuse lawsuits

SAN DIEGO – A federal bankruptcy judge on Friday ordered immediate jury trials in more than 40 sex-abuse lawsuits against the Roman Catholic Diocese of San Diego.

Trials scheduled in state court in San Diego for five cases had been suspended in February when the diocese abruptly filed for bankruptcy protection the night before the first trial was slated to begin.

U.S. Bankruptcy Judge Louise DeCarl Adler’s ruling on the 42 lawsuits is a victory for about 150 people who claim they were sexually abused by priests as children.

Their lawyers told the judge Thursday that reactivating those trials was the only way to get the diocese into a settlement after more than three years of fruitless negotiations in state and federal courts.

“This just ratchets up the pressure on everyone to get the cases settled,” said Irwin Zalkin, an attorney who represents 54 accusers. “Everyone understands it could go any way in a jury trial.”

The San Diego diocese has offered about $94 million to settle the claims as part of its bankruptcy reorganization plan. Plaintiffs’ attorneys are seeking a settlement of about $200 million.

Attorneys for the diocese have argued that jury trials would slow progress toward a settlement and may give unfair priority to the claims of plaintiffs whose cases went to trial first.

The judge rejected the diocese’s argument that she could return trials to state court only under “exceptional circumstances,” saying she had broader discretion.

Even if the church were correct, “clearly this tsunami of child sex abuse cases against the Roman Catholic clergy would qualify as ‘exceptional,”’ Adler wrote.

Some plaintiffs welcomed the renewed possibility of trial.

“My hope is that they don’t settle and we go to trial,” said Diane Williams, a 49-year-old mother who says she was raped as a girl by a monsignor at a church-run orphanage. “I think these things need to get out, but I don’t think the diocese will let that happen.”