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Pastor, Church & LawMember access only

by Richard R. Hammar, J.D., LL.M., CPA

To a Minister

§ 3.07.03
Key point 3-07.03. In order for the clergy-penitent privilege to apply there must be a communication that is made to a minister.

Clergy-penitent privilege laws generally limit the privilege to confidential communications made to clergymen, priests, or ministers of the gospel. Communications made to nuns,[93] In re Murtha, 279 A.2d 889 (N.J. 1971); Masquat v. Maguire, 638 P.2d 1105 (Okla. 1981) (privilege did not apply since nun was consulted in her capacity as a hospital administrator and "not in her capacity as a `clergyman'"). Contra Eckmann v. Board of Education, 106 F.R.D. 70 (E.D. Mo. 1985). an elder and deacon in the Christian Church,[94] Knight v. Lee, 80 Ind. 201 (1881). lay religious counselors,[95] State v. Buss, 887 P.2d 920 (Wash. App. 1995) ("nonordained church counselors"); People v. Diercks, 411 N.E.2d 97 (Ill. 1980). "lay ministers,"[96] Farner ...

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