Posts by the girl next door

a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.

http://courts.delaware.gov/opinions/download.aspx?id=235880.

the girl next door

Fisherman, you keep using the word "immunity". There is no immunity, if there was Watchtower would not be doling out millions of dollars in litigation, settlements and judgement. The word you are looking for is "privilege" and as discussed previously there are ALWAYS exceptions to privilege.

The duty to report child abuse often arises in settings that have nothing to do with the clergy-communicant privilege. For example, information regarding child abuse by church personnel may be transmitted to church officials from clergy or non-clergy persons such as the victims, family members or friends of the victim in circumstances not covered by the clergy privilege. Similarly, church officials may conduct investigations and otherwise obtain information from sources in unprivileged contexts.

This is fact and established by case law. It illustrates fully where JWs fail when asserting privilege.

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Court denies summary judgement for Laurel Jehovah's Witnesses congregation

by OrphanCrow in

court denies summary judgement for laurel jehovah's witnesses congregation.

a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.

http://courts.delaware.gov/opinions/download.aspx?id=235880.

the girl next door

That's exactly how it transpires and is self explanatory. Shall I refer you to case law scope and how issues proceed to the SC and the critical path it follows. No. Do your homework.

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Court denies summary judgement for Laurel Jehovah's Witnesses congregation

by OrphanCrow in

court denies summary judgement for laurel jehovah's witnesses congregation.

a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.

http://courts.delaware.gov/opinions/download.aspx?id=235880.

the girl next door

Six jurisdictions have expressly abrogated the clergy/penitent privilege with regard to mandatory reporting laws. The legal climate is changing slowly but surely and many more jurisdictions will adopt the same laws. Secrets confided to "clergy" are getting much much harder to keep. Also, with the passage of strict, no-tolerance child-abuse statutes nearly everywhere, the Supreme Court will be compelled to weigh in on clergy privilege. So many crimes are accumulating that are "exempted" for the clergy penitent privilege, there is an overwhelming load of litigation in lower courts in disagreement with each other. The SC has no choice but to address it.

161

Court denies summary judgement for Laurel Jehovah's Witnesses congregation

by OrphanCrow in

court denies summary judgement for laurel jehovah's witnesses congregation.

a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.

http://courts.delaware.gov/opinions/download.aspx?id=235880.

the girl next door

Privileges are always subject to exceptions in certain circumstances. For example, the attorney-client privilege is subject to the “crime-fraud” exception, which removes the privilege when such communications are “in furtherance of contemplated or ongoing criminal or fraudulent conduct.” This exception applies regardless of the severity of the “criminal or fraudulent conduct” at issue.

Similarly, every other privilege is subject to certain exceptions, so the questions becomes, what makes the clergy-penitent privilege any different?

This is particularly true given that the clergy-penitent privilege did not exist at common law, but rather is a creature of statute which must be narrowly construed.

The United States Supreme Court has held, “exceptions to the demand for every man’s evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth.”

The clergy-penitent privilege, like all privileges, is in “derogation of the search for truth,” and, as such, is properly subject to limitations in certain circumstances. One such circumstance is the reporting of child abuse, where clergy members are often uniquely situated to obtain information which may help prevent such atrocious crimes.

161

Court denies summary judgement for Laurel Jehovah's Witnesses congregation

by OrphanCrow in

court denies summary judgement for laurel jehovah's witnesses congregation.

a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.

http://courts.delaware.gov/opinions/download.aspx?id=235880.

the girl next door

Ultimately, the court ruled that since the congregation had called a meeting with the adult member to discuss the issue, the member could not be deemed a “penitent” and the meeting to investigate allegations not a “sacramental confession.”

Also, the court found the juvenile’s subsequent excommunication indicated he might not have willingly met with the elders, and did not consider the meeting as a form of repentance as part of absolution and a “sacramental confession.”

Fisherman may think the court is wrong, just like Watchtower attorneys. But they find themselves going to trial anyway. As it should be. This case is about precedent. This case is in the grip of the State and the Department of Justice. Watchtower is in for a painful lesson. Again.

161

Court denies summary judgement for Laurel Jehovah's Witnesses congregation

by OrphanCrow in

court denies summary judgement for laurel jehovah's witnesses congregation.

a motion for summary judgement is denied in a case against the laurel congregation of jehovah's witnesses and some individuals over child abuse reporting issues.a lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.the case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the jehovah's witnesses congregation.. download the court opinion here.

http://courts.delaware.gov/opinions/download.aspx?id=235880.

the girl next door

Right. I posted the link. And I keep referring to it to refute your assertions.