Clergy Communications Privilege
Legal Statutes Regarding Confidential Clergy Communications Privilege
The following excerpts from the statutes of states within the Greek Orthodox Metropolis of Denver delineate what communications held between clergy and parishioners may be considered privileged and confidential.
Colorado Confidential Clergy Communications Privilege Statute
COLORADO REVISED STATUTES
TITLE 13. Courts and Court Procedure.
Article 90. Witnesses.
Part 1. General Provisions.
§ 13-90-107(1)(c). Who may not testify without consent.
A clergy member, minister, priest, or rabbi shall not be examined without both his or her consent and also the consent of the person making the confidential communication as to any confidential communication made to him or her in his or her professional capacity in the course of discipline expected by the religious body to which he or she belongs.
Idaho Confidential Clergy Communications Privilege Statute
IDAHO CODE
TITLE 9. Evidence.Chapter 2. Witnesses.
§ 9-203(3) Confidential relations and communications.
A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Kansas Confidential Clergy Communications Privilege Statute
KANSAS STATUTES ANNOTATED
Chapter 60.Procedure, Civil.Article 4. Rules of Evidence.E. Privileges.
§ 60-429. Penitential communication privilege.
(A) Definitions. As used in this section, (1) the term "duly ordained minister of religion" means a person who has been ordained, in accordance with the ceremonial ritual, or discipline of a church, religious sect, or organization established on the basis of a community of faith and belief, doctrines and practices of a religious character, to preach and to teach the doctrines of such church, sect, or organization and to administer the rites and ceremonies thereof in public worship, and who as his or her regular and customary vocation preaches and teaches the principles of religion and administers the ordinances of public worship as embodied in the creed or principles of such church, sect, or organization; (2) the term "regular minister of religion" means one who as his or her customary vocation preaches and teaches the principles of religion of a church, a religious sect, or organization of which he or she is a member, without having been formally ordained as a minister of religion, and who is recognized by such church, sect, or organization as a regular minister; (3) the term "regular or duly ordained minister of religion" does not include a person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect, or organization and does not include any person who may have been duly ordained a minister in accordance with the ceremonial, rite, or discipline of a church, religious sect or organization, but who does not regularly, as a vocation, teach and preach the principles of religion and administer the ordinances of public worship as embodied in the creed or principles of his or her church, sect, or organization; (4) "penitent" means a person who recognizes the existence and the authority of God and who seeks or receives from a regular or duly ordained minister of religion advice or assistance in determining or discharging his or her moral obligations, or in obtaining God's mercy or forgiveness for past culpable conduct; (5) "penitential communication" means any communication between a penitent and a regular or duly ordained minister of religion which the penitent intends shall be kept secret and confidential and which pertains to advice or assistance in determining or discharging the penitent's moral obligations, or to obtaining God's mercy or forgiveness for past culpable conduct.(b) Privilege. A person, whether or not a party, has a privilege to refuse to disclose, and to prevent a witness from disclosing a communication if he or she claims the privilege and the judge finds that (1) the communication was a penitential communication and (2) the witness is the penitent or the minister, and (3) the claimant is the penitent, or the minister making the claim on behalf of an absent penitent.
Louisiana Confidential Clergy Communications Privilege Statute
LOUISIANA REVISED STATUTES
Louisiana Code of Evidence.
Chapter 5. Testimonial Privileges.
Article 511. Communications to clergymen.
A. Definitions. As used in this Article:
(1) A "clergyman" is a minister, priest, rabbi, Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him.
(2) A communication is "confidential" if it is made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
B. General rule of privilege. A person has a privilege to refuse to disclose and to prevent another person from disclosing a confidential communication by the person to a clergyman in his professional character as spiritual adviser.
C. Who may claim the privilege. The privilege may be claimed by the person or by his legal representative. The clergyman is presumed to have authority to claim the privilege on behalf of the person or deceased person.
TITLE 13. Courts and Judicial Procedure.
Chapter 17. Witnesses and Evidence.
Part II. Evidence in General.
§ 3734.2. Privileged communications between persons and religious authorities relating to matrimonial rights or status.
A. As used in this Section, the following terms shall have the following meanings unless the context clearly requires otherwise:
(1) "Marital status or rights" shall mean the determination by any recognized religious authority, either in the first instance or on appeal or review of prior determination by other religious authorities, under the laws, doctrine, tenets, or beliefs of a religion, church, or association or convention of churches concerning:
(a) Whether any person or persons subject thereto has entered into a marriage or marriages considered to be valid thereunder,
(b) Whether they may be entitled to have same declared invalid or null by reason thereof,
(c) Whether they are free to contract a valid marriage thereunder, or
(d) Whether they may be subject to censure, excommunication, or denial of privileges thereunder or with regard to any other matter directly or indirectly relating to the privileges, obligations, or status of such persons as a result of their actions, intentions, or status in relation thereto.
(2) "Person" shall mean any natural person who has applied to any recognized religious authority for a declaration or decision relative to his or any other person's status or rights under the laws, doctrine, tenets, or beliefs of any religion, church, or convention or association of churches, as well as any other person who shall submit or have in their knowledge or possession any facts or evidence or testimony submitted to the religious authority relative thereto, or any other participants in any proceedings conducted by the religious authority, including, but not limited to, judges, advocates, clerks, stenographers, reporters, or witnesses.
(3) "Privileged communications" shall mean the acquiring, recording, or transmittal of any information, by any person in any manner whatsoever, concerning any facts, opinions, or statements made by any person to any recognized religious authority, by way of testimony, affidavit, deposition, or other writing, or by any other documentary evidence, for the purpose of obtaining a declaration or decision from the religious authority relative to any person's marital status or rights under the law, doctrine, tenets, or beliefs of a religion, church, or convention or association of churches, including, but not limited to, any and all records, documentary evidence, transcripts of testimony, opinions or decisions, correspondence, or memoranda relating thereto.
(4) "Recognized religious authority" shall mean any person or group of persons comprising a tribunal, board, or other type of deliberative body who, under the established laws, doctrine, tenets, or beliefs of that religious body or sect, or under the rules or discipline of that church or association or convention of churches, is vested with the authority to determine the rights and status of persons subject thereto in matters relating to the validity or nullity of the marriage of persons subject to said laws, doctrine, tenets, or beliefs.
B. No person shall be required to disclose, by way of testimony or otherwise, or to produce, under subpoena, any privileged communication made to any recognized religious authority in connection with any proceeding or review conducted by said authority relating to the determination or declaration of rights or status of any person regarding any privileged communication.
Missouri Confidential Clergy Communications Privilege Statute
MISSOURI REVISED STATUTES
TITLE 3. Evidence and Legal Advertisements.
Chapter 491. Witnesses.
General Provisions.§ 491.060(4). Persons incompetent to testify--exceptions, children in certain cases.
The following persons shall be incompetent to testify:
(4) Any person practicing as a minister of the gospel, priest, rabbi or other person serving in a similar capacity for any organized religion, concerning a communication made to him or her in his or her professional capacity as a spiritual advisor, confessor, counselor or comforter;
Montana Confidential Clergy Communications Privilege Statute
MONTANA CODE ANNOTATED
TITLE 26. Evidence.Chapter 1. Statutory Provisions on Evidence.Part 8. Privileges.
§ 26-1-804. Confessions made to member of clergy.
A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Nebraska Confidential Clergy Communications Privilege Statute
NEBRASKA REVISED STATUTES
Chapter 27. Courts; Rules of Evidence.Article 5. Privileges.
§ 27-506 Rule 506. Communications to clergyman; definitions; general rule of privilege; who may claim privilege.
(1) As used in this rule:
(a) A clergyman is a minister, priest, rabbi, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him; and;
(b) A communication is confidential if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
(2) A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in his professional character as spiritual advisor.
(3) The privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. The clergyman may claim the privilege on behalf of the person. His authority so to do is presumed in the absence of evidence to the contrary.
New Mexico Confidential Clergy Communications Privilege Statute
NEW MEXICO STATUTES ANNOTATED
State Court Rules.
Rules of Evidence.
Article 5. Privileges.
RULE 11-506. Communications to Clergy.
A. Definitions. As used in this rule:
(1) a "member of the clergy" is a minister, priest, rabbi or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting that person;
(2) a communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
B. General Rule of Privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a member of the clergy as a spiritual adviser.
C. Who May Claim the Privilege. The privilege may be claimed by the person or by the person's guardian, conservator or, upon death, personal representative. The member of the clergy may claim the privilege on behalf of the person. The authority to claim the privilege is presumed in the absence of evidence to the contrary.
North Dakota Confidential Clergy Communications Privilege Statute
NORTH DAKOTA RULES OF EVIDENCE
Article V. Privileges.Rule 505. Religious Privilege.
A. Definitions. As used in this rule:
(1) A "clergyman" is a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him.
(2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
B. General Rule of Privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in his professional character as spiritual adviser.
C. Who May Claim the Privilege. The privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. The person who was the clergyman at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the communicant.
Oklahoma Confidential Clergy Communications Privilege Statute
OKLAHOMA STATUTES
Title 12. Civil Procedure.
Chapter 40. Evidence Code.
Article V. Privileges.
§ 2505. Religious Privilege.
A. As used in this section:
1. A "cleric" is a minister, priest, rabbi, accredited Christian Science practitioner or other similar functionary of a religious organization, or any individual reasonably believed to be a cleric by the person consulting the cleric; and
2. A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
B. A person has a privilege to refuse to disclose and to prevent another from disclosing his confidential communication made to a clergyman acting in his professional capacity.
C. The privilege may be claimed by the person, by the person's guardian or conservator, or by the person's personal representative if the person is deceased. The cleric is presumed to have authority to claim the privilege but only on behalf of the communicant.
South Dakota Confidential Clergy Communications Privilege Statute
SOUTH DAKOTA CODIFIED LAWS
TITLE 19. Evidence.
Chapter 19-13. Privileges.
§ 19-13-16. (Rule 505(a)) Religious privilege--Definition of terms.
As used in §§ 19-13-16 to 19-13-18, inclusive: (1) A "clergyman" is a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him;
(2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.§ 19-13-17. (Rule 505(b)) Privilege on communications to clergyman.A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in his professional character as spiritual adviser.
§ 19-13-18. (Rule 505(c)) Persons entitled to claim religious privilege.The privilege described by § 19-13-17 may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. The person who was the clergyman at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the communicant.
Texas Confidential Clergy Communications Privilege Statute
TEXAS RULES OF EVIDENCE
Article V. Privileges.
Rule 505. Communications to Members of the Clergy.
A. Definitions. As used in this rule:
(1) A "member of the clergy" is a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization or an individual reasonably believed so to be by the person consulting with such individual.
(2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
B. General Rule of Privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a member of the clergy in the member's professional character as spiritual adviser.
C. Who May Claim the Privilege. The privilege may be claimed by the person, by the person's guardian or conservator, or by the personal representative of the person if the person is deceased. The member of the clergy to whom the communication was made is presumed to have authority to claim the privilege but only on behalf of the communicant.
Utah Confidential Clergy Communications Privilege Statute
UTAH CODE ANNOTATED
TITLE 78. Judicial Code.
Part III. Procedure.
Chapter 24. Witnesses. § 78-24-8(3). Privileged communications.
(3) A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
UTAH COURT RULES
State Court Rules.
Utah Rules of Evidence.
Article V. Privileges.
Rule 503. Communications to Clergy.
A. Definitions. As used in this rule:
(1) A "cleric" is a minister, priest, rabbi, or other similar functionary of a religious organization or an individual reasonably believed so to be by the person consulting that individual.
(2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
B. General Rule of Privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing any confidential communication to a cleric in the cleric's religious capacity and necessary and proper to enable the cleric to discharge the functions of the cleric's office according to the usual course of practice or discipline.
C. Who May Claim the Privilege. The privilege may be claimed by the person who made the confidential communication, by the person's guardian or conservator, or by the person's personal representative if the person is deceased. The person who was the cleric at the time of the communication is presumed to have authority to claim the privilege on behalf of the communicant.
Wyoming Confidential Clergy Communications Privilege Statute
WYOMING STATUTES ANNOTATED
TITLE 1. Code of Civil Procedure.Chapter 12. Evidence and Witnesses.Article 1. Witnesses Generally.
§ 1-12-101(a)(ii). Privileged communications and acts.
(a) The following persons shall not testify in certain respects:
(ii) A clergyman or priest concerning a confession made to him in his professional character if enjoined by the church to which he belongs;