Monday, September 2, 2013

Clergy Privilege Under Attack Again

In People v Bragg, 296Mich App 433 (2012) the Michigan Court of Appeals upheld the 1500 year old Priest /Penitent privilege. However that case has not dissuaded some Michigan prosecutors from attacking this long time and important privilege. In the recent case of People v Prominski, which was decide on August 22, 2013, the prosecutor’s office charged a Pastor with failing to report suspected child abuse. The defendant argued that the information was given to him in “Confidence” by a member of his church regrding her child. The Pastor said she came to him for spiritual guidance and he in turn provided her with several options including going to the authorities, but the pastor did not feel he could breach her confidential communication by going to the authorities on his own. The Court of Appeals rulled in his favor citing MCL 722.631 which protects communications to members of the clergy. The recent challenges to the clergy privilege sends a chilling effect on those who want to turn to their clergy for guidance. There is no doubt that more challenges to the privlege will come. At the Law Offices Of Raymond A. Cassar we are one of Michigan’s Premier Criminal Defense firms. Our job is to protect everyone’s Constitutional Rights. we love what we do and that gives us an advantage each time we step into the court room. Our web site is filled with useful criminal defense information. Come vist us at :

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