judicialsupport

Legal Writing for Legal Reading!

Clergy-Penitent Privilege Does Not Shield Disclosure of Writer of Defamatory Letter

This is from religionclause.blogspot.com which you can find here:

“In Jaime Doe v. Catholic Diocese of Rockford, (IL App., Sept. 4, 2015), plaintiff sued seeking the identity of the writer of an allegedly defamatory letter about her son.  The letter, sent to the pastor of the parish, alleged that plaintiff’s son engaged in the sexual touching of another minor child.  The appeals court affirmed the trial court’s order that the writer of the letter be disclosed.  In doing so, the court concluded that the letter is not covered by the Clergy-Penitent Privilege, saying in part:

The writer was a volunteer for a religious-education program conducted by the parish and had the responsibility of monitoring the children in the program. In our view, at least on the present record, the statements in issue are simply not of the character of a confession or admission for which the writer was seeking spiritual guidance. Rather, they are outlining a potential source of risk for the parish and the children if J. Doe were to repeat such conduct while participating in the educational program offered by the parish. This is fundamentally not a matter of conscience for the writer; rather it is a matter of risk management for the writer as an agent of the parish and a guardian of children. Accordingly, we hold that the clergy-penitent privilege is simply inapplicable.”

You can learn more about this issue here.

 

 

Advertisements

Single Post Navigation

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: