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Clergy-Penitent Privilege
Practical Law Glossary Item 9-522-1186 (Approx. 2 pages)
Glossary
Clergy-Penitent Privilege
Also known as the priest-penitent privilege. A form of privilege that protects from disclosure to third parties communications between a member of the clergy and a person who seeks spiritual counseling.
A person seeking to invoke the clergy-penitent privilege typically must show that:
- The communication was made to a clergy member.
- The clergy member was acting in a spiritual capacity.
- The person reasonably expected the communication to remain confidential.
A clergy member may be a priest, minister, rabbi, or similar figure of a religious organization.