2.04.230 [Rule 20] Clergy-Penitent

A person has a privilege to refuse to disclose and prevent another from disclosing a confidential communication by the person to a clergyman in his professional character as a spiritual advisor.

(a) A "clergyman" is a minister, priest, rabbi, Native American spiritual leader or other similar functionary of a religious organization, including such which is recognized by the customs of the Tribe, or an individual reasonably believed to be so by the person consulting him.

(b) A clergyman may claim the privilege on behalf of the person, if that person has not done so nor waived the privilege. Such authority is presumed absent evidence to the contrary.