Confidential Clergy Communications Privilege Statutes: Alaska

Confidential Clergy Communications Statutes

Alaska Confidential Clergy Communications Privilege Statute

ALASKA RULES OF EVIDENCE

Article V. Privileges.

Rule 506. Communications to Clergymen.(a) Definitions. — As used in this rule:

(1) A member of the clergy is a minister, priest, rabbi, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting the individual.

(2) 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 member of the clergy in that individual’s professional character as spiritual adviser.

(c) Who May Claim the Privilege. — The privilege may be claimed by the person, by the person’s guardian or conservator, or by the person’s personal representative if the person is deceased. The member of the clergy may claim the privilege on behalf of the person. The authority so to do is presumed in the absence of evidence to the contrary.