Rule 505 Religious Privilege

(a) Definitions. As used in this rule:

(1) “Cleric means” a minister, priest, rabbi, accredited Christian Science practitioner or other similar functionary of a religious organization, or a person that an individual who consulted that person for spiritual advice reasonably believed to be a cleric.

(2) “Confidential communication” means a communication 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. An individual has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication between the individual and the cleric while the cleric is serving as the individual’s spiritual adviser.

(c) Who may claim the privilege. The individual may claim the privilege on the individual’s own behalf. The cleric is presumed to have authority to claim the privilege on the individual’s behalf. If the individual is incompetent or deceased, then an authorized personal representative may claim the privilege on the individual’s behalf.