Select your state

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 North Carolina, the clergy-penitent privilege is recognized and codified in the state's evidence law. This privilege allows individuals to refuse to disclose, and to prevent clergy members from disclosing, confidential communications made to them in their role as a spiritual advisor. The privilege is intended to protect the confidentiality of communications made for the purpose of seeking spiritual counsel, and it applies to ministers, priests, rabbis, and other leaders of established churches or religious organizations. The specifics of this privilege, including any exceptions where disclosure might be required by law, are outlined in the North Carolina General Statutes (N.C.G.S. § 8-53.2). It is important for individuals and clergy members to understand the scope and limitations of this privilege, and an attorney can provide guidance on how it may apply in particular circumstances.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Churches and clergy

clergy-penitent privilege

Individual & Family Legal Plan

Articles

North-Carolina State Code

North-Carolina State Code

Churches and clergy

clergy-penitent privilege

Articles