A New Orleans attorney who was punished for exposing a clergy abuser has taken his case to the US Supreme Court, arguing that his right to due process was violated. Richard Trahant was fined over $400,000 for helping remove a Catholic priest from a high school, but the record of his sanction was placed under seal. Now, newly obtained documents reveal the full extent of the priest's history.
The Priest's Troubled Past
Roman Catholic priest Paul Hart had admitted to inappropriate conduct with a teenage girl, was accused of rape by another woman, and faced rumors of sexual harassment. Despite this, New Orleans' Archbishop Gregory Aymond assigned him to be a high school chaplain at Brother Martin High School in 2017. Trahant, who represents survivors of clergy abuse, learned of Hart's past and took steps to have him removed from the school.
The Sanction and Appeal
A federal judge fined Trahant more than $400,000, a decision upheld by two higher courts. Trahant now appeals to the US Supreme Court, which includes Justice Amy Coney Barrett, a graduate of the girls' preparatory school associated with Brother Martin. He contends he was not given a fair hearing.
The judge, Meredith Grabill, sealed nearly the entire record concerning the sanction. However, the Guardian obtained the case file through a public records request. The documents show that Hart's history was more extensive than previously known, and that Hart and his allies resented their treatment.
Details of the Misconduct
In a deposition, Hart said, "I'm a victim." Church attorney Dirk Wegmann described the misconduct as "inappropriate" but "consensual." Trahant declined to comment but stated in his Supreme Court filing that the sanction caused "severe damage to [his] good name, reputation, honor, and integrity."
The archdiocese declined to comment. Trahant has long argued that the information about Hart was actually disclosed by Archbishop Aymond and associates, who were subject to the same confidentiality order.
Hart's History
Hart admitted to sexual contact with a 17-year-old girl in the early 1990s. A church investigation followed, and a private investigator noted that Hart denied a rape allegation but acknowledged the contact. Hart blamed his actions on his youth and the girl's personality. Despite a board recommending removal, Aymond allowed Hart to remain in ministry, eventually stationing him at Brother Martin.
The Removal
In December 2021, Trahant texted his cousin, Brother Martin's principal, about Hart. After learning of Hart's past, school officials met with Aymond, who disclosed specifics of the complaint. Hart was forced to retire in January 2022. He claimed he retired due to cancer, but the school cited an issue from his past.
The archdiocese was incensed over the exposure. Judge Grabill found Trahant violated a protective order by contacting the school and a journalist. She fined him $400,000, largely covering the investigation cost, and sealed the record.
Supreme Court Appeal
Trahant's appeal argues that Aymond waived confidentiality by speaking to school officials and that he had a right to warn about a potential threat. The Supreme Court has not yet decided whether to hear the case. Trahant's fine, with interest, has grown to about $460,000.
Archbishop Aymond retired in February 2024, succeeded by James Checchio. The archdiocese agreed to a $305 million settlement with about 600 survivors, including 80 of Trahant's clients. Payments were expected in April but may be delayed until fall.
