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Churches and clergy

clergy-penitent privilege

The clergy-penitent privilege—also known as the clergy privilege, confessional privilege, priest-penitent privilege, clergyman-communicant privilege, or ecclesiastical privilege—is a rule of privilege in the law of evidence that allows a person who has confided in a member of the clergy (minister, priest, rabbi, or other leader of an established church or religious organization) to refuse to disclose, and to prevent the clergy member from disclosing a confidential communication.

In Colorado, the clergy-penitent privilege is recognized and codified in state law. This privilege allows individuals to refuse to disclose, and also prevents clergy members from disclosing, confidential communications made for the purpose of receiving spiritual counsel. The privilege is outlined in Colorado Revised Statutes Section 13-90-107, which specifies that a clergy member cannot be examined without the consent of the person to whom the communication was made. This means that confessions or sensitive discussions with clergy members are generally protected from being revealed in court. However, there are exceptions to this rule, such as when the communication is intended to further a crime or fraud, or when a clergy member is a mandatory reporter under child abuse laws. It is important to note that the specifics of the privilege, including its scope and limitations, can be complex and may require consultation with an attorney to fully understand how it applies in any given situation.

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Churches and clergy

clergy-penitent privilege

Individual & Family Legal Plan

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Colorado State Code

Churches and clergy

clergy-penitent privilege

Colorado State Code

Articles