Communications to Clergymen

(c) Exceptions. (a) Definitions. As used in this rule: (1) A member of the clergy is a minister, priest, rabbi, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting the individual. (2) A communication is confidential if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication. (b) General Rule of Privilege. 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 that individual’s professional character as spiritual adviser. (c) Who May Claim the Privilege. The privilege may be claimed by the person, by the person’s guardian or conservator, or by the person’s personal representative if the person is deceased. The member of the clergy may claim the informer’s (1) Voluntary Disclosure—Informer a Witness. No privilege exists under this rule if the identity of the informer or the the communication has been disclosed to those who would have cause to resent the communication by a holder of the privilege or by the informer’s own action, or if the informer appears as a witness for the prosecution. the subject matter of interest in (2) Testimony on Merits. (i) If a party claims that a government informer may be able to give testimony necessary to a fair determination of the issue of guilt, innocence, credibility of a witness testifying on the merits, or punishment in a criminal case, or of a material issue on the merits in a civil case to which the state is a party, and if the government invokes the privilege, the party shall be given an opportunity to show that the party’s claim is valid. The judge shall hear all evidence presented by the party and the government, and both sides shall be permitted to be present with counsel during the presentation of evidence, subject to subdivision (c) (2) (ii) of this rule. 15