Parker Waichman LLP

Judge Keeps Clergy Sex Abuse Case, Imposes Gag Order

Clergy Sex Abuse Lawsuits. The judge presiding over lawsuits against the Albany Catholic Diocese refused to withdraw from the case despite being a practicing Catholic, while imposing a gag order on both sides in the suits alleging sex abuse by priests. “I do practice my faith,” State Supreme Court Justice Joseph Teresi said. But he […]

Clergy Sex Abuse

Clergy Sex Abuse Lawsuits. The judge presiding over lawsuits against the Albany Catholic Diocese refused to withdraw from the case despite being a practicing Catholic, while imposing a gag order on both sides in the suits alleging sex abuse by priests.

“I do practice my faith,” State Supreme Court Justice Joseph Teresi said. But he doesn’t consider himself either “deeply religious” or “a close friend” of anybody in the case, adding he hasn’t discussed it with any clergy, including Albany Bishop Howard Hubbard.

“As uneasy as your clients may be about me being the judge on this case, I want you to assure them, please, that this case will be decided on nothing else but the law and the facts,” Teresi said at a hearing Monday.

Attorney John Aretakis asked the judge to recuse himself, citing possible or perceived bias toward the suits by unnamed plaintiffs against diocese officials. The three suits are combined before Teresi’s court.

“A lot of the people I represent are more than just skeptical about the possibility of getting a fair shake or an impartial arbiter of the law in these cases,” Aretakis said.

The lawyer, who has known Teresi socially for several years, said the judge often attends the early weekday Mass at St. Mary’s Church near the courthouse and is “the most deeply religious and spiritual person with a great deal of faith in his Catholic Church.”

Teresi called that description “hyperbole.”

Michael Costello, attorney for the diocese, said recusal turns on a judge’s personal conscience, and that Teresi has always conducted himself with integrity.

Teresi later issued the gag order on the lawyers, which was made public Tuesday, limiting their case discussions to parties, witnesses, investigators, staff, experts and similar individuals. He noted that some of their emotional rhetoric was “scandalous” and related to the character or reputation of people involved.

claimants and plaintiffs

“I feel there is a necessity for a ruling on this issue in order to limit any embarrassment, pressure and indignation suffered by the claimants and plaintiffs in these cases as witnesses and parties,” Teresi said. He noted both sides had been talking often to the press, and the court has “responsibility to limit rumor, gossip, and innuendo” in a small community where jurors may be drawn.

The judge told Costello he should give a copy of the gag order to any attorney that contacts the diocese representing a client who has or intends to make a claim. Teresi also said that abuse claims characterized as credible or that result in a change in a priest’s ministry or employment status may also fall within the rule.

The 14-county Albany diocese recently removed from ministry two priests due to what church officials described as credible allegations that they sexually abused children in the 1970s the seventh and eighth such removals since last summer.

“I represent scores of victims who have been silenced for 10, 20, 30 years or more, some as young as six or seven years old,” Aretakis said. “To come public with their claim is part of their healing, and it’s also part of what I like to think that we’re trying to do to help protect children.”

Teresi said he isn’t convinced at this point of “a public safety interest” served by Aretakis’ clients speaking publicly. “This is not a criminal case. This is a civil case,” he said.

Teresi got the case after Acting Supreme Court Justice Thomas McNamara recused himself a month ago. McNamara did not immediately return a phone call Tuesday.

Need Legal Help Regarding Clergy Sex Abuse?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

Further sex abuse resources:

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Gary C. January 2022 I was diagnosed with Prostate Cancer in 2017. Which was caused by breathing in the toxic air from the WTC attack. I reached out to Parker Waichman for guidance in dealing with Victims Compensation Fund. My paralegal is Ms. Nicole Copertino.. There isn't enough words to describe her knowledge, professionalism and all the help she has provided during these stressful times. Without any hesitation I would recommend Parker Waichman to family, friends and business associates. Kudos to Ms. Copertino and her team at Parker Waichman.
Gary Chastven
2 years ago
5 Star Reviews 150
I have had such a pleasant and wonderful experience with the Parker&Waichman firm, they were very informative and knowledgeable with the whole process of the case.Tina Morace my paralegal kept me updated throughout the process, she is a positive and patient person, I dealt with throughout the 3yr. process. Thank you for your patience and professionalism if ever I or someone I know needs representation, I would refer them to you in a heartbeat. I look forward to your services and expertise if ever needed in the future!!
Darren Davis
3 years ago
5 Star Reviews 150
Parker Waichman helped me. Joanne was helpful as well.
Charlene Hakimi
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038