8-20-08 State of New Jersey v. J.G.
A-2539-07T4
The cleric-penitent privilege may be invoked by either the
cleric or the penitent. To be protected by the privilege, the
communication must have been made (1) in confidence; (2) to a
cleric; and (3) to the cleric in his or her role as a spiritual
advisor.
The privilege does not apply where a cleric reaches out to
an individual to intervene in unlawful conduct -- in this case
sexual abuse of defendant's two daughters -- in an effort to
stop the unlawful conduct and the cleric refuses to provide
counsel or spiritual services -- in this case baptism -- to the
individual.
