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Criminal Law

: Grits for Breakfast

Houston appeals court: Church of Christ, other Protestants may have no privilege in communications with clergy

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Are communications with your minister covered by the clergy-commnicant privilege? To find out you'd better first study up on your Church's detailed doctrines on the topic. Catholics and Jews seem pretty much safe, but if a new appellate ruling stands, most Protestants in Texas may no longer be eligible to claim the privilege.Rule 505 from the Texas Rules of Evidence declares that "A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a member of the clergy in the member's professional character as spiritual adviser."Further, declares Rule 505, "A 'member of the clergy"' is a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization or an individual reasonably believed so to be by the person consulting with such individual...continue to full post

Full post as published by Grits for Breakfast on September 08, 2008 (boomark / email).

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