According to common law dictionaries, here is one definition provided by Bouvier's:
CLERGY. All who are attached to the ecclesiastical ministry are called the clergy; a clergyman is therefore an ecclesiastical minister.
2. Clergymen were exempted by the emperor Constantine from all civil burdens. Baronius ad ann. 319, 30. Lord Coke says, 2 Inst. 3, ecclesiastical persons have more and greater liberties than other of the king's subjects, wherein to set down all, would take up a whole volume of itself.
3. In the United States the clergy is not established by law, but each congregation or church may choose its own clergyman.
What has the Watchtower chosen for its Church Government?:
1. The Watchtower Society is a hierarchical church government, where men who become local church Elders are trained, qualified, and appointed only by the Watchtower Society (or more recently the newly created Christian Congregation of Jehovah's Witnesses, Inc. which is also governed and directed by the Watchtower Society and its Governing Body).
2. Evidence of the Watchtower Society's ability to override the local Elders, thus establishing its hierarchical church government authority is the written notification to those JWs, such as Bill Bowen, to appear before a local Judicial Committee.
3. The Watchtower Society theological teachings are that ALL Jehovah's Witnesses are ”Ordained Ministers”, and as such, this make ALL Jehovah's Witnesses obligated, by common definition, members of its Clergy, and obligated to report child abuse in those States where mandated. (Also, as Bill Bowen pointed out, the United States Code requires parents in ALL 50 States to report child abuse. Therefore, as parents, members of the Jehovah's Witness religion MUST report the same as any other citizen of the United States.
4. It is Watchtower teaching and policy that their appointed Elders who serve local congregations perform customary Ministerial acts, such as wedding services, funeral services, CONFESSIONAL services, as well as setting up Judicial Committees, directing and organizing local congregations, and serving as its authority. Therefore, the duties of Elders are consistent with those ministerial acts that any Clergy-person would perform in any other religion ... and as ORDAINED MINISTERS APPOINTED BY THE SOCIETY under its religious ordinances, they are in every sense of the word CLERGY.
Can the Society beat this in court? I don't know, but I think they would have a hard time to convince a Judge or Jury that its appointed Elders, as Ordained Ministers, are not its Clergy.
What about the Court of Public Opinion? If and when the Dateline program airs, the Watchtower Society and its subsidiary, the Christian Congregation of Jehovah's Witnesses and their Clergy, the Watchtower appointed Elder class, will come across very pathetic, weak and dishonorable if their excuse for not reporting child molesters is because of some internal technical definitions that parse phrases to somehow exempt Elders from being viewed as CLERGY.