I am not sure what liability the Church had in the first place. Does every LDS dad who abuses his kids open the Church up to liability? I assume there were even discussions because some of the abuse happened when he was a bishop. But more concerning about the AP story, they quote the statement from the bishop, saying that he would be sued if he said anything, but don't bother to run the reasoning by an Idaho lawyer, who would confirm that not only would the bishop open himself up to personal liability, but that the jury would never hear the bishop testify.
Prosecutor: We now call Bishop Miller.
Defense: Objection. Privilege
Judge: Sustained
IRE 505
That is also the likely reason that the perp remains ex'd. As mentioned in the General Handbook, the bishop is to encourage a person to face legal consequences of a confessed act as part of repentance.
Prosecutor: We now call Bishop Miller.
Defense: Objection. Privilege
Judge: Sustained
IRE 505
(a) Definitions. As used in this rule:
(1) Clergyman. A "Clergyman" is a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be a clergyman by the person consulting.
(2) Confidential communication. A communication is "confidential" if 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. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in the clergyman's professional character as spiritual adviser.
(c) Who may claim the privilege. The privilege may be claimed by the person, or for the person by the person's lawyer, the guardian or conservator, or by the personal representative if that person is deceased. The clergyman at the time of the communication may claim the privilege but only on behalf of the person. The authority of the clergyman to do so is presumed in the absence of evidence to the contrary.
(1) Clergyman. A "Clergyman" is a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be a clergyman by the person consulting.
(2) Confidential communication. A communication is "confidential" if 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. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a clergyman in the clergyman's professional character as spiritual adviser.
(c) Who may claim the privilege. The privilege may be claimed by the person, or for the person by the person's lawyer, the guardian or conservator, or by the personal representative if that person is deceased. The clergyman at the time of the communication may claim the privilege but only on behalf of the person. The authority of the clergyman to do so is presumed in the absence of evidence to the contrary.
Comment