RELIGIOUS PRIVILEGE

(a) Definitions. As used in this rule: (1) A “member of the clergy” is an individual who has been ordained or accredited as a spiritual advisor, counselor, or leader by any religious organization established on the basis of a community of faith and belief, doctrines, and practices of a religious character, or an individual reasonably believed so to be by the person consulting that individual. (2) A communication is “confidential” if: (A) It is made privately; and (B) It is not intended for disclosure other than to other persons present in furtherance of the purpose of the communication. (b) General rule. A person has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made to a member of the clergy who was acting as a spiritual adviser at the time of the communication. (c) Who may claim the privilege. The privilege can be claimed by: (1) The person who made the communication; (2) The person’s guardian or conservator; or (3) The person’s personal representative, if the person is deceased. 28 The person who was a clergy member at the time of the communication also has presumptive authority to claim the privilege on behalf of the person who made the communication.