The US Supreme Court has rejected an appeal from attorney Richard Trahant, who was fined $400,000 after taking steps to remove an abusive Roman Catholic priest from his role as chaplain at a New Orleans high school. The decision, issued without explanation on Monday, effectively closes a contentious chapter in the New Orleans Catholic archdiocese's bankruptcy case, filed in 2020.
Background of the Case
Trahant represents dozens of victims of the clergy abuse scandal that drove the archdiocese into bankruptcy. Through his work, he learned that priest Paul Hart had secretly admitted to sexual contact with a 17-year-old girl in the early 1990s. Hart confessed during a confidential internal investigation in 2012, according to legal documents reviewed by the Guardian. Although state law sets the age of consent at 17, the US Catholic bishops made 18 the age of consent under canon law in 2002. A board advising Archbishop Gregory Aymond recommended removing Hart from public ministry, but Aymond allowed him to continue because the canon law age of consent in the early 1990s was 16.
Assignment to Brother Martin High School
In 2017, Aymond assigned Hart to Brother Martin, an all-boys Catholic high school where girls participate in activities including the dance team. Hart was still chaplain when Trahant learned of his past in late 2021. Trahant notified the principal, his cousin Ryan Gallagher, that Hart had a credible allegation involving a minor but cited a protective order preventing specifics. Trahant also emailed a journalist to keep Hart on their radar without elaboration.
Court Investigation and Fine
The archdiocese later provided Brother Martin with details of Hart's misconduct, and Hart retired in January 2022 after the school requested his removal, citing brain cancer. The journalist published an article about Hart's departure. Federal bankruptcy Judge Meredith Grabill then ordered an investigation into a possible protective order violation, focusing on Trahant. Although court investigators found evidence supporting Trahant's denial of leaking confidential information, Grabill ruled his actions constituted a violation and fined him $400,000, which grew to about $460,000 with interest. She also expelled four of Trahant's clients from a survivors committee negotiating a settlement.
Appeals and Supreme Court Decision
Trahant appealed to the New Orleans federal court and the US Fifth Circuit, but both upheld the sanction. He petitioned the Supreme Court in May, arguing due process violations. The archdiocese waived its right to respond, and the Court denied the petition. Trahant then challenged the archdiocese to direct the fine toward survivors, stating, "I maintain I did what I did to protect children."
Reactions from Victims
James Adams, a Trahant client expelled from the survivors committee, said the ruling "affirmed the protection of sexual predators over the safety of children." Another client, Jackie Berthelot, added, "It seems that if you speak up against predators who roam our schools, you would be punished severely."
Aftermath
Hart died at 70 about nine months after removal. Aymond retired in February after the archdiocese agreed to pay approximately $305 million to hundreds of survivors. Survivors expected payments in April, but a later filing pushed that back potentially to fall.
