Full Breakdown
Seton Hall University Shields Most of Latham Report on Cardinal McCarrick Abuse
6/17/2026, 4:20:32 AM
Appellate Court Limits Disclosure of Latham Report
A three-judge panel of the New Jersey Superior Court’s Appellate Division ruled on June 15-16, 2026 that Seton Hall University (SHU) is not required to release the first two sections of the 2019 “Latham Report,” an internal investigation commissioned after allegations that the late cardinal Theodore McCarrick abused seminarians. The judges held those sections are protected by attorney-client privilege because the investigation was conducted by Latham & Watkins on behalf of the law firm Gibbons PC, which in turn acted for SHU. The court ordered the university to produce the third section, which contains a self-critical analysis of SHU’s policies, deeming its disclosure “in the public interest.”
Background: McCarrick Scandal and Seton Hall’s Internal Probe
Theodore McCarrick, former archbishop of Newark (1986-2000) and later cardinal, faced multiple accusations of sexual misconduct with seminarians. A 2020 Vatican report, which drew on SHU’s findings, noted that the university knew McCarrick had shared a bed with seminarians but took no action, deeming the behavior “non-sexual and consensual.” In response, SHU hired Gibbons PC, which retained Latham & Watkins to investigate the allegations and produce the 2019 report. The investigation examined whether Monsignor Joseph Reilly, then rector of Immaculate Conception Seminary and now SHU president, was aware of abuse claims and failed to report them.
Key Figures
- Theodore McCarrick – former cardinal and subject of the abuse allegations.
- Monsignor Joseph Reilly – former seminary rector, appointed SHU president in 2024.
- Gibbons PC – law firm that engaged Latham & Watkins for the investigation.
- Latham & Watkins LLP – law firm that conducted the internal probe.
- Gabriel Magee – attorney representing consolidated clergy-abuse plaintiffs.
- Judges Thomas Sumners, Mark Chase, Lorraine M. Augostini – appellate panel authoring the decision.
- Judge Avion Benjamin – Superior Court judge who initially ordered full disclosure in 2025.
- Cardinal Joseph Tobin – archbishop of Newark who ordered an independent review in 2025.
Timeline of Litigation
- 2019 – Latham & Watkins completes internal investigation for SHU.
- 2020 – Vatican incorporates SHU’s findings into its own report on McCarrick.
- Nov 2025 – Judge Avion Benjamin orders SHU to turn over the full Latham Report to survivors’ counsel.
- June 15-16 2026 – Appellate Division issues opinion limiting disclosure to the self-critical policy section.
Legal Reasoning and Privilege
The appellate judges concluded that an attorney-client relationship existed between Gibbons PC and SHU, and that Latham & Watkins acted as an agent of Gibbons, rendering the investigation’s notes and communications privileged. The court rejected the argument that sharing the report with the Vatican waived privilege, emphasizing that the Vatican’s receipt was a “religious duty” rather than a public disclosure. However, the judges identified the third section as a “self-critical analysis” not prepared for litigation, and therefore subject to production, subject to redactions.
Survivors’ Response and Criticism
Attorney Gabriel Magee welcomed the partial production of the self-critical analysis but expressed disappointment that the substantive abuse findings remain shielded. Magee indicated that the plaintiffs are evaluating an appeal to obtain the withheld sections. Critics argue that the privilege claim hampers transparency and accountability for institutions that failed to act on abuse allegations.
Conflicting Reports & Gaps
The court’s privilege determination contrasts with survivors’ view that the investigation’s core findings should be public. The decision leaves unanswered how many seminarians were surveyed (the report notes a confidential survey of fifty-nine) and the specific content of the privileged sections, creating a gap in public understanding of SHU’s handling of the McCarrick case.
Verbatim Quotes
- “There is undoubtedly an attorney-client relationship between Gibbons and SHU, and the court’s analysis failed to consider that Latham was acting as an agent of Gibbons when it conducted the investigation,” — Appellate Judges
- “SHU provided the Vatican with the Latham Report as part of its religious duty and in furtherance of their shared goal of investigating the extent of McCarrick’s abuse and preventing the abuse from happening to others,” — Appellate Judges
- “Thus, it is in the public interest to disclose self-critical analyses of SHU’s policies and procedures.” — Appellate Judges
- “With regard to the decision, we appreciate that the Appellate Division agreed that parts of the Latham Report must be produced,” — Gabriel Magee, attorney for survivors
- “But we are still digesting the rest of the decision and considering our appeal options.” — Gabriel Magee
- “how the findings of [the earlier reports] relate to Monsignor Joseph Reilly, including whether they were communicated to any and all appropriate personnel at the archdiocese and Seton Hall University and Monsignor Reilly, and if so, by what means and by whom.” — Cardinal Joseph Tobin
What’s Next
Cardinal Tobin’s independent review, launched in February 2025, remains ongoing and is expected to assess communication of earlier findings to SHU leadership. Survivors’ counsel is weighing an appeal to compel release of the privileged sections. The appellate decision may set precedent for how attorney-client privilege applies to internal investigations of clergy abuse within Catholic institutions.
