A clergyman, priest, minister, rabbi or practitioner of any religious denomination accredited by the religious body to which he belongs who is settled in the work of the ministry shall not disclose confidential communications made to him in his professional capacity in any civil or criminal case or proceedings preliminary thereto, or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege herein provided.
(1967, P.A. 826.)
“Priest-penitent” privilege found waived where defendant testified as to what he told priest and conversation did not relate to religious or spiritual advice, aid or comfort. 171 C. 586. Cited. 211 C. 555. Clergy-penitent privilege did not exist at common law and is a creature of statute; to establish privilege, defendant must demonstrate that there was a communication, the communication was confidential, it was made to a member of the clergy within the meaning of section, communication was made to clergy member in his or her professional capacity, the disclosure was sought as part of a criminal or civil case, and defendant did not waive the privilege; in this case, defendant lacked a reasonable expectation that his inculpatory statements would be held in confidence. 300 C. 590.
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