HELP!
This post is for the pastors out there--specifically PCUSA pastors. I have been served a subpoena in a divorce case. The person wanting me to testify is the one who comes to my church. He has never talked to me about testifing. I received the subpoena through the mail. I have contacted GA lawyers and am still waiting for their return call.
My fear is that people will be hesitant to confide in me if there is the possiblily that I could be called to testify.
Has this happened to any of you? How about confidentiality issues? What did you do?
Please post to this blog or if it is too confidential I can be emailed at: lance_at_evergreen@hotmail.com
Thanks,
Lance
posted by Pastor Lance @ 2:13 PM
2 Comments
2 Comments:
Hi, Lance. I'm not a pastor, but I am an attorney and I used to do trial work.
William Cornwall's advice is sound. You can refuse to testify to confidential information, but you can be required to testify if the information is public and not part of a protected communication between a parishioner and a pastor.
There is another exception, and that is if you have information about actual or possible abuse of a child you are obligated to testify about that, even if that is the result of a confidential and otherwise privileged communication. Of course if you learned about something like that you are legally obligated to report it to the authorities, anyway.
My advice is for you to contact this attorney and ask what type of testimony he expects to get from you and tell him or her whether or not that is privileged information.
I would refer you in addition to the following webpage:
http://www.churchlawtoday.com/newminlesson.php?146
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