California Codes
Cal. Evidence Code § 1032 (2026)
Clergy Penitent Privileges
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As used in this article, “penitential communication” means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member’s church, denomination, or organization, is authorized or accustomed to hear those communications and, under the discipline or tenets of his or her church, denomination, or organization, has a duty to keep those communications secret.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1969–2025 · leading case: Lopez v. Watchtower Bible & Tract Soc'y of New York, Inc., 246 Cal. App. 4th 566 (Cal. Ct. App. 2016).
Lopez v. Watchtower Bible & Tract Soc'y of New York, Inc., 246 Cal. App. 4th 566 (Cal. Ct. App. 2016). “” (Evid. Code, § 1032.) 4 The March 14, 1997 letter instructed elders to send a written report to Watchtower about “anyone who is currently serving or who formerly served in a [Watchtowefi-appointed position in your congregation who is known to have been guilty of child…”
Roman Cath. Archbishop of La v. Super. Ct., 131 Cal. App. 4th 417 (Cal. Ct. App. 2005). “Evidence Code section 1032, within the article relating to the clergy-penitent privilege, defines a "penitential communication" as "a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the…”
Conti v. Watchtower Bible & Tract Soc'y of New York, Inc., 235 Cal. App. 4th 1214 (Cal. Ct. App. 2015). “a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those…”
Gonzalez v. State, 45 S.W.3d 101 (Tex. Crim. App. 2001). “California Evidence Code § 1032 provides in part that "a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication.”
Roman Catholic Archbishop v. Superior Court, 131 Cal. App. 4th 417 (Cal. Ct. App. 2005). “Evidence Code section 1032, within the article relating to the clergy-penitent privilege, defines a “penitential communication” as “a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the…”
Doe 2 v. Superior Court, 132 Cal. App. 4th 1504 (Cal. Ct. App. 2005). “” (Evid. Code, § 1032.) All undesignated statutory references are to the Evidence Code.”
People v. Johnson, 270 Cal. App. 2d 204 (Cal. Ct. App. 1969). “(Evid. Code, § 1032.) Thus, there is no evidence to show that Piper was authorized or accustomed to hear such communications, or that he had a duty to keep any such communications secret under the discipline, practice or tenets of his church.”
Gonzalez v. State, 21 S.W.3d 595 (Tex. App.—Houston [1st Dist.] 2000). “Cal.Evid.Code § 1032 (West 1995). Fol-gheraiter testified that the policy of his church allowed him to freely disclose to third persons the types of communications such as the one appellant made.”
In Re Arias, 725 P.2d 664 (Cal. 1986). “(Evid. Code, § 1032.) A few days later, the court issued an order to show cause and appointed counsel for the petitioners.”
State v. Price, 26 N.W.3d 70 (Neb. 2025). “Code § 1033 (West 2009), “Subject to 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.”
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