2021 Georgia Code
Title 24 - Evidence
Chapter 5 - Privileges
§ 24-5-502. Communications to Clergyman Privileged

Every communication made by any person professing religious faith, seeking spiritual comfort, or seeking counseling to any Protestant minister of the Gospel, any priest of the Roman Catholic faith, any priest of the Greek Orthodox Catholic faith, any Jewish rabbi, or any Christian or Jewish minister or similar functionary, by whatever name called, shall be deemed privileged. No such minister, priest, rabbi, or similar functionary shall disclose any communications made to him or her by any such person professing religious faith, seeking spiritual guidance, or seeking counseling, nor shall such minister, priest, rabbi, or similar functionary be competent or compellable to testify with reference to any such communication in any court.

(Code 1981, §24-5-502, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- For annual survey on domestic relations, see 69 Mercer L. Rev. 83 (2017). For note discussing confidential communication privileges in Georgia, see 2 Ga. St. B.J. 356 (1966). For note, "Mandatory Child Abuse Reporting Laws in Georgia: Strengthening Protection for Georgia's Children," see 31 Ga. St. U.L. Rev. 643 (2015). For comment, "The Psychotherapist-Client Testimonial Privilege: Defining the Professional Involved," see 34 Emory L.J. 777 (1985). For comment, "Mandatory Child Abuse Reporting Laws in Georgia: Strengthening Protection for Georgia's Children," see 31 Ga. St. U.L. Rev. 643 (2015).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 24-9-22 are included in the annotations for this Code section. The reader is advised to consult the annotations following Code Section24-5-501, which may also be applicable to this Code section.

- Clerical privilege was not waived by the presence of more than one person seeking spiritual comfort or counseling. Alternative Health Care Sys. v. McCown, 237 Ga. App. 355, 514 S.E.2d 691 (1999) (decided under former O.C.G.A. § 24-9-22).

Trial court did not err when the court denied the defendant's motion to suppress the confession the defendant made to the police chaplain because the trial court obviously believed the chaplain's adamant denial that the chaplain had repeated the defendant's confession to the police. The testimony revealed that the defendant confessed to the police officer in the chaplain's presence. Blocker v. State, 265 Ga. App. 846, 595 S.E.2d 654 (2004) (decided under former O.C.G.A. § 24-9-22).

- Trial court did not abuse the court's discretion by excluding a recording made by the wife of a meeting with the wife, husband, and their pastor because the totality of the admitted circumstances surrounding the meeting was that it was a marriage counseling session with the parties' minister and, therefore, was properly excluded as privileged under O.C.G.A. § 24-5-502. Frost v. Frost, 299 Ga. 278, 787 S.E.2d 693 (2016).

Pastor who had physical custody of a child for two months was allowed to testify as to the child's condition at a termination of parental rights proceeding since there was no showing that any communications or observations arose from spiritual counseling or as a profession of religious faith. Jones v. Department of Human Resources, 168 Ga. App. 915, 310 S.E.2d 753 (1983) (decided under former O.C.G.A. § 24-9-22).

- Defendant's conversations with a witness who had served as a father figure for the defendant throughout the defendant's life were not privileged, even though the witness had been ordained two years before the defendant committed the murder with which the defendant was charged. Morris v. State, 275 Ga. 601, 571 S.E.2d 358 (2002) (decided under former O.C.G.A. § 24-9-22).

- Statutory privilege does not apply to a "spiritual advisor" or "psychic." Manous v. State, 200 Ga. App. 293, 407 S.E.2d 779 (1991) (decided under former O.C.G.A. § 24-9-22).

- Under former O.C.G.A. § 24-9-22, every communication made by any person professing religious faith, seeking spiritual comfort, or seeking counseling to a clergy person were deemed privileged; however, if such communications were not made to profess religious faith, or to seek spiritual comfort or guidance, but rather were conversational statements to a friend or frequent companion, the ministerial privilege was not applicable. Parnell v. State, 260 Ga. App. 213, 581 S.E.2d 263 (2003) (decided under former O.C.G.A. § 24-9-22).

- Defendant's statements to the defendant's father, a minister, were not privileged under former O.C.G.A. § 24-9-22 as the defendant, in talking to the defendant's father, was not seeking comfort or solace of a spiritual nature, but was seeking the help of a parent and a source of secular strength to accompany the defendant to the police station. Parnell v. State, 260 Ga. App. 213, 581 S.E.2d 263 (2003) (decided under former O.C.G.A. § 24-9-22).

- Very general testimony by the plaintiff that a chaplain met with the plaintiff's family and offered spiritual support and comfort, and the plaintiff's deposition statement, in response to the defendants' questioning, that the plaintiff was not upset by anything the chaplain said, did not address in any way the substance of the plaintiff's conversations with the chaplain and did not amount to a waiver of the privilege. Alternative Health Care Sys. v. McCown, 237 Ga. App. 355, 514 S.E.2d 691 (1999) (decided under former O.C.G.A. § 24-9-22).

Because the defendant requested the future assistance of an attorney, not immediate assistance, and because the defendant knew that the defendant's confession would be handed over to law enforcement, the clergy-parishioner privilege in former O.C.G.A. §§ 24-3-51 and24-9-22 (see now O.C.G.A. §§ 24-5-502 and24-8-825) was inapplicable; therefore, the defendant's confession to the crimes was voluntary. Willis v. State, 287 Ga. 703, 699 S.E.2d 1 (2010) (decided under former O.C.G.A. § 24-9-22).

When the defendant was convicted of malice murder, aggravated assault, and possession of a firearm during the commission of a crime in connection with the deaths of his wife and her cousin, because the defendant made no objection to the testimony of the assistant pastor when the assistant pastor's testimony regarding what the defendant had told the assistant pastor was offered, appellate review of the issue regarding the privilege between the defendant and the assistant pastor was waived. Crosdale v. State, 297 Ga. 244, 774 S.E.2d 87 (2015)(decided under former O.C.G.A. § 24-9-22).

RESEARCH REFERENCES

Am. Jur. 2d.

- 81 Am. Jur. 2d, Witnesses, § 493.

- 98 C.J.S. (Rev), Witnesses, § 440 et seq.

- Physician-patient, attorney-client, or priest-penitent privilege as applicable in nonjudicial proceeding or investigation, 133 A.L.R. 732.

Withdrawal, during same trial, of waiver of privilege of confidential communication, 158 A.L.R. 219.

Persons other than client or attorney affected by, or included within, attorney-client privilege, 96 A.L.R.2d 125; 31 A.L.R.4th 1226.

Who is "clergyman" or the like entitled to assert privilege attaching to communications to clergymen or spiritual advisers, 49 A.L.R.3d 1205.

Matters to which the privilege covering communications to clergyman or spiritual advisor extends, 71 A.L.R.3d 794.

Subject matter and waiver of privilege covering communications to clergy member or spiritual adviser, 93 A.L.R.5th 327.

Who are "clergy" or like within privilege attaching to communications to clergy members or spiritual advisers, 101 A.L.R.5th 619.