Full Breakdown
New Jersey Appeals Court Shields Most of Seton Hall’s McCarrick Abuse Report, Orders Release of Policy Review
6/17/2026, 5:00:57 AM
Core Event: Appellate Ruling Limits Disclosure
On June 15, 2026 the New Jersey Superior Court Appellate Division—Judges Thomas Sumners, Mark Chase, and Lorraine M. Augostini—reversed a lower-court order that had required Seton Hall University to turn over its 2019 “Latham report.” The panel held that the first two sections, which detail former Cardinal Theodore McCarrick’s alleged misconduct, are protected by attorney-client privilege because the investigation was conducted to aid counsel in providing legal advice and preparing for anticipated litigation. The judges, however, ordered disclosure of the third section, a self-critical analysis of the university’s sexual-harassment policies, deeming it “in the public interest.”
Background: McCarrick Allegations and Seton Hall’s Investigation
Theodore McCarrick, archbishop of Newark from 1986-2000 and longtime trustee of Seton Hall, was removed from public ministry in 2018 and laicized in 2019 after multiple abuse accusations surfaced in 2017. In response, Seton Hall retained the law firm Gibbons P.C., which hired Latham & Watkins to conduct an independent 2019 investigation. The resulting report examined McCarrick’s conduct, the university’s response, and internal policies. A 2020 Vatican report later cited Seton Hall’s findings, noting that the university had learned McCarrick shared a bed with seminarians but deemed the behavior “non-sexual and consensual” at the time.
Key Figures & Legal Teams
- Theodore McCarrick – former cardinal and alleged abuser.
- Monsignor Joseph Reilly – rector of Immaculate Conception Seminary (2018-2024) and Seton Hall president since 2024.
- Gibbons P.C. – law firm that engaged Latham & Watkins.
- Latham & Watkins – conducted the three-part investigation.
- Gabriel Magee – attorney representing a consolidated group of ~450 survivors under New Jersey’s Child Victims Act.
- Cardinal Joseph Tobin – archbishop of Newark who ordered an independent review of the findings in 2025.
Timeline of Legal Proceedings
- 2017 – Media reports first detail McCarrick’s alleged abuse of seminarians.
- 2018 – McCarrick removed from ministry; Seton Hall anticipates litigation.
- 2019 – Latham & Watkins completes the three-section report.
- 2024 – Joseph Reilly appointed Seton Hall president.
- Nov 2025 – Superior Court Judge Avion Benjamin orders full disclosure of the report.
- Feb 2025 – Cardinal Tobin launches independent review of the findings.
- June 15, 2026 – Appellate Division issues its partial-disclosure ruling.
Data & Litigation Scope
- Approximately 450 lawsuits have been filed against Seton Hall and other Catholic entities under the Child Victims Act.
- The Latham investigation surveyed 59 seminarians anonymously.
- The report’s first two sections contain no named individuals; the third section evaluates compliance with Title IX and best-practice sexual-harassment standards.
Official Statements & Responses
The appellate judges concluded that the privilege applies because the investigation was “conducted to help Seton Hall’s lawyers advise the university and prepare for potential lawsuits.” They emphasized that the limited “chilling effect” of releasing the policy analysis is outweighed by public interest in understanding institutional safeguards. Survivors’ counsel Gabriel Magee expressed appreciation for the partial win but indicated the group is “still digesting the rest of the decision and considering our appeal options.” Cardinal Tobin’s independent review continues, focusing on whether findings were communicated to Reilly and other officials.
Criticism & Opposition
Survivors’ attorneys argue that shielding the substantive abuse findings hampers accountability and transparency, especially given the report’s role in informing the Vatican’s 2020 assessment. Legal scholars note that the privilege claim may set a precedent for limiting disclosure of internal investigations into clergy abuse.
Conflicting Reports & Gaps
The Vatican’s 2020 report referenced Seton Hall’s findings but did not clarify whether sharing the Latham report waived attorney-client privilege—a point the appellate court rejected. The full contents of the first two sections, including any corroborating evidence of McCarrick’s conduct, remain undisclosed, leaving a factual gap for both plaintiffs and the public.
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 Court
- “The chilling effect that would discourage witnesses from answering interviews and surveys truthfully is minimal, since the Latham Report does not disclose any names, and the survey of fifty-nine seminarians was conducted anonymously,” — Appellate Court
- “Thus, it is in the public interest to disclose self-critical analyses of SHU’s policies and procedures.” — Appellate Court
- “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
- “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
The case returns to the trial court for a detailed review of the remaining documents, including emails and attachments dating back to the 1980s. Plaintiffs may appeal the privilege ruling, while the independent review ordered by Cardinal Tobin is expected to issue findings later in 2026. The outcome will shape how Catholic institutions handle internal investigations and disclose them under New Jersey’s expanded abuse-victim statutes.
