Legal Question in Legal Malpractice in Oregon
in Oregon (ORS40.260) in regards to the clergy-penitent privilege; the law states that a clergy member may not be examined without the permission of the penitent. Does that only apply at a trial, or does that also mean a police officer may not examine (i.e. ask questions to a clergy involved in a clergy-penitent relationship) without the permission of the penitent not? If a police officer asks a clergy member questions without the penitent's approval, does that make the police officer and who they are representing liable to civil suits?
1 Answer from Attorneys
Police cannot require the clergy member to give answers that disclose the contents of private conversations with penitents. Of course, the police can ask such questions. It is up to the clergy person to refuse to answer. Civil suits against police who ask such questions? No.
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