Yet Another Reason We Need More Democrats On The Court Of Criminal Appeals

You will recall, some weeks back, we brought you the story of the Texas Supreme Court decision that ruled, essentially, that any person injured by a church was basically screwed–especially if that injury involved a doctrinal matter such as an exorcism.

Turning to the criminal side of the judicial aisle, there is now a case likely on its way to the Texas Court of Criminal Appeals that could change the concept of privileged communications with the clergy forever.

Via Grits for Breakfast, we learn that the pro-prosecution First Court of Appeals in Houston has ruled that Rule 505 of the Texas Rules of Evidence doesn’t apply to confessions given by members of the Church of Christ. Why? Because the court found that the Church of Christ doesn’t have doctrine requiring that confessions be kept secret.

While the Church of Christ may be an odd duck when it comes to confessions (in particular because many confessions are repeated before the entire congregation), one must wonder why the First Court of Appeals is delving head-first into religious doctrine to find the answers to legal problems.

Although the Rule plainly states that, “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 the member’s professional character as spiritual adviser,” the court has done an end-run around a sacrosanct legal principle and has, in short, left many other protestant denominations in limbo.

This is yet another reason we need more balance on the Court of Criminal Appeals. Who knows what will happen if the present CCA gets their hands on this decision. They may well decide that, doctrine or no doctrine, it’s time to do away with Rule 505 in its entirety.

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