NJ top court ruling allows grand injury investigations for clerical abuse

(OSV News) -- New Jersey's top court ruled June 16 that grand juries can be empaneled to investigate clerical sex abuse allegations in that state.

The decision comes weeks after the Diocese of Camden, New Jersey, relinquished its long-standing objections to such proceedings, with Bishop Joseph A. Williams announcing in early May that the change was the result of "unanimous consent" among diocesan officials and a "desire to be partners" with the state's attorney general in countering abuse.

In a statement following the ruling, the diocese said it "remains steadfast in its commitment to transparency, justice, and healing for survivors of clergy abuse," noting it had formally withdrawn its opposition in May and "publicly affirmed our willingness to cooperate fully with the New Jersey Attorney General's investigation."

The state Supreme Court's decision overturned a May 2023 trial court ruling in favor of the diocese, which had noted that the Catholic Church is not a public entity and its priests are not public officials. The lower court had also asserted that any presentment -- or formal accusation -- from a grand jury would be "fundamentally unfair," since those accused would be unable to challenge an allegation as those under indictment can. Among the other issues cited were time, resources and financial hardship for grand jurors.

However, the state's unanimous Supreme Court decision held that the trial court had been premature in its conclusion, since "no grand jury has completed an investigation, and no presentment exists," and determined that the state had the right to proceed with an investigation.

In 2018, New Jersey had announced it would follow Pennsylvania's lead in opening a clerical abuse investigation -- which the latter state had wrapped that year and which had been preceded by three Philadelphia grand jury investigations -- in 2003, 2005 and 2011.

Gurbir Grewal, then attorney general of New Jersey, convened a task force and set up a hotline that took at least 550 reports. In early 2019, the state's five Catholic dioceses established an independent compensation fund for victims who opted not to sue.

But the following year, New Jersey enacted a lookback law that prompted more claims against the church and other organizations. In October 2020, the Diocese of Camden filed for bankruptcy, saying its resources had been depleted both by claims and by the impact of the COVID-19 pandemic.

In May 2021, the Camden Diocese, then led by Bishop Dennis J. Sullivan, challenged the state's right to convene a grand jury investigation for clerical abuse, with a county superior court judge ruling in the diocese's favor -- and keeping both the diocesan challenge and his order under seal.

The move came to light when two New Jersey media outlets, The Record and NorthJersey.com, published a report on the diocese's legal challenge.

Bishop Williams of Camden -- who was appointed coadjutor in May 2024 and then became bishop of the diocese in March 2025 upon Bishop Sullivan's retirement -- released a message May 7 stating he had convened the dioceses' board of trustees, college of consultors and finance council, which "with unanimous consent agreed to withdraw our objection" to the grand jury empanelment.

Bishop Williams said he and members of the diocesan legal counsel had informed the state attorney general in person of the decision.

"We expressed our desire to be partners with them in this public service, even as we encouraged them to acknowledge the tremendous work being done for the last 23 years by the women and men of our Church -- including survivors -- to ensure that our parishes and schools provide the safest possible environment for our children," wrote Bishop Williams in his message. "We also expressed our concern that the due process rights of any accused members of the clergy be protected."

Quoting his recent interview with The Philadelphia Inquirer on the matter, Bishop Williams said in his message that "the most important goal of this legal change of direction was to show our sensitivity to the survivors of abuse and to make concrete actions to 'win their trust, restore their faith, and, God willing, someday find them back in the communion of friendship and worship within the Church.'"

"I will remain committed to that goal in the months and years ahead," wrote Bishop Williams. "The survivors are Church. There is no 'us' and 'them' in this difficult reckoning of our recent history. Survivors are baptized -- and hurting -- members of Christ's body who need a Good Samaritan Church at their side."

Bishop Williams also stressed his "appreciation for the work done" by his predecessor Bishop Sullivan and diocesan vicar general Father Robert E. Hughes in the diocese's implementation of "the best nationally recognized safe environment recommendations."

"I know how hard our priests, deacons, parish staff and volunteers work to implement these safe environment protocols in our parishes and schools," wrote the bishop. "I know this firsthand, since I was a parish priest for nearly 20 years. Implementing these protocols can be hard -- sometimes exhausting -- work, but our children are worth it, the pain the survivors have experienced demands it, and the credibility of the Church we love and Christ died for urges us on."

He added, "Let us stay the course with the help of God."