California Codes
Cal. Evidence Code § 1031 (2026)
Clergy Penitent Privileges
✓ current as of May 2026
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As used in this article, “penitent” means a person who has made a penitential communication to a member of the clergy.
Notes of Decisions
Cited in 2
cases, 2005–2005 · leading case: Roman Cath. Archbishop of La v. Super. Ct., 32 Cal. Rptr. 3d 209 (Cal. Ct. App. 2005).
Roman Cath. Archbishop of La v. Super. Ct., 32 Cal. Rptr. 3d 209 (Cal. Ct. App. 2005). “Code, § 1031); "[s]ubject to [Evidence Code] Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege" (Evid.”
Roman Catholic Archbishop v. Superior Court, 131 Cal. App. 4th 417 (Cal. Ct. App. 2005). “Code, § 1030); “ ‘penitent’ means a person who has made a penitential communication to a member of the clergy” (Evid. Code, § 1031); “[s]ubject to [Evidence Code] Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from…”
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