A New Orleans attorney who was penalized for exposing a clergy abuser has taken his case to the US Supreme Court, arguing that his rights were violated. Richard Trahant was fined more than $400,000 after he assisted in removing a priest from a high school chaplaincy. The record of his sanction was largely sealed, but the Guardian has now obtained the case file through a public records request.
The Background of the Case
Roman Catholic priest Paul Hart had admitted to inappropriate conduct with a teenage girl, been accused of rape by another woman (which he denied), and faced rumors of sexual harassment. Despite this, the Archbishop of New Orleans assigned him as a chaplain at Brother Martin High School in 2017. Trahant, representing survivors of clergy abuse, learned of Hart's past and acted to have him removed from the all-boys school.
The Sanction and Appeal
A federal judge, Meredith Grabill, fined Trahant over $400,000 and sealed the case record. Two higher courts upheld the sanction. Trahant now appeals to the Supreme Court, which includes Justice Amy Coney Barrett, a graduate of the girls' preparatory school associated with Brother Martin. He contends he was denied due process.
The Guardian's review of the case file reveals that Hart's history was more extensive than previously known. Sworn depositions and exhibits show that Hart and his allies resented their treatment. Hart himself claimed, "I'm a victim," in a deposition months before his death from brain cancer.
Key Findings from the Case File
- Hart admitted to sexual contact with a 17-year-old girl in the early 1990s.
- A church-hired private investigator noted that Hart was accused of rape by another woman, which he denied.
- Hart was rumored to have sexually harassed a young female teacher.
- The archbishop's advisory board recommended Hart's removal from ministry, but Archbishop Gregory Aymond instead imposed restrictions and later assigned him to Brother Martin.
Trahant learned of Hart's record through his work on clergy abuse cases in the archdiocese bankruptcy. On New Year's Eve 2021, he texted his cousin, Brother Martin's principal, Ryan Gallagher, asking about Hart. Gallagher responded, leading to a meeting where Trahant disclosed a credible allegation involving a minor. Gallagher and other school officials then met with Aymond, who shared specifics of the 2012 complaint, including the complainant's name, according to depositions.
Hart was forced to retire in January 2022. He claimed he retired due to cancer, but school officials said they requested his retirement because of the past issue.
The Archdiocese's Response
The archdiocese was incensed over Hart's exposure. Lee Eagan, a volunteer adviser, stated in a deposition that Aymond said, "This is BS. Someone leaked information. The leaks have to stop." The archdiocese found support from Judge Grabill, who said Trahant's phone call to Gallagher violated a protective order. She ordered an investigation, which concluded that Trahant violated the order by speaking with Gallagher and emailing a journalist. Grabill then fined Trahant $400,000, largely covering the investigation cost, and sealed the file.
Trahant argues that Aymond waived confidentiality by speaking to Brother Martin officials, and that he was within his rights to alert a reporter without sharing details. His appeal to the Supreme Court, filed on May 6, asserts that his "good name, reputation, honor and integrity" were damaged by judicial action taken without notice or hearing.
The archdiocese declined comment, citing pending litigation. Aymond retired in February, succeeded by James Checchio. Approximately 80 of Trahant's clients are among the 600 survivors who agreed to a $305 million settlement with the archdiocese, though payments have been delayed.
