John Doe – Seattle, Washington

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  Archive.org
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  09/14/06 Seattle,

  Washington

  In R.K., (Plaintiff), v.The CORPORATION OF THE PRESIDENT OF THE CHURCH OF
  JESUS CHRIST OF LATTER DAY SAINTS, et al., Defendants.No. C04-2338RSM a

  motion in Limine was brought before the court to exclude Clergy-Penitent Communication.

  “1. INTRODUCTION

  *1 This matter comes before the Court on defendant Corporation of the President of the
  Church of Jesus Christ of Latter-Day Saints' (“COP”) Motion In Limine to exclude evidence
  of a confidential 1972 disclosure by Richard Pettit, a Church member, to his Bishop,

  184 of 316

  regarding Mr. LoHolt's abuse of his son. 1 (Dkt. 141 ). Defendant argues that Mr. Pettit
  made the disclosure in the context of spiritual counseling, and therefore, it should be
  excluded under the clergy-penitent privilege, or because it is protected by the Free Exercise
  Clause of the First Amendment. Plaintiff opposes the motion, arguing that the
  communication does not meet the criteria necessary to qualify for the clergy-penitent
  privilege, and that the mandatory reporting statute in effect at the time of the communication
  required disclosure to appropriate authorities, and enforcing that statute would not have
  offended Constitutional principles. (Dkt. 157). For the reasons set forth below, the Court
  agrees with plaintiff and DENIES defendant's Motion In Limine.”

  The Courts Discussion can be found in RK v COP Washington Sept 2006 No C04-
  2338RSM.pdf

  https://www.scribd.com/document/2706326/R-K-v-Corporation-of-the-President-of-the-Church-of-Jesus-Christ-of-Latter-Dav-Saints-et-al-Document-No-174