Ionia Pastor's Conversation with Parishioner Privileged, Confidential, Appeals Court Says

By John Agar
MLive
August 23, 2013

http://www.mlive.com/news/grand-rapids/index.ssf/2013/08/ionia_pastors_conversation_wit.html

The state Court of Appeals said that a conversation between a pastor and parishioner – in which a woman shared concerns her husband abused her girls – was confidential and privileged.

The opinion upholds lower court findings that the Rev. John Prominski, senior pastor at Resurrection Life Church of Ionia, did not violate mandatory reporting rules for child abuse.

The woman sought advice from Prominski after her husband had the girls touch themselves. Prominski counseled the husband for three months. The husband denied any improprieties.

The family eventually left the area and the church.

Two years later, the woman woke to her daughter’s screams.

“(The husband) was in her room and I asked her what happened? And she said, ‘I hate you, I hate you … don’t ever touch me again.’ … I asked her what happened? And she said that he was touching her.”

She again sought Prominski’s advice. He told her to go to police, or he would. He confirmed that she contacted police.

Ionia County prosecutors filed charges against the stepfather for sexual assault. They also charged Prominski for failure to report child abuse, a misdemeanor, for failing to report the 2009 allegation.

An Ionia County District judge, in dismissing the charge, determined the conversation between the parishioner and pastor to be privileged, and exempt from mandatory report requirements.

A Circuit Court judge affirmed.

The appeals panel heard arguments in June.

The law provides: “Any communications between attorneys and their clients, between members of the clergy and the members of their respective churches, and between physicians and their patients are hereby declared to be privileged and confidential when those communications were necessary to enable the attorneys, members of the clergy, or physicians to serve as such attorney, member of the clergy, or physician.”

“The issue is whether the mother communicated with defendant ‘in his professional character in a confession or similarly confidential communication,’” the panel wrote.

Prosecutors argued that parishioners' conversations are privileged only regarding their own actions.

The appeals panel said the woman was only seeking advice.

“Indeed, the entire purpose of her consultation with defendant was to make the decision whether she should report it and, apparently, she made the decision (in 2009) not to report the behavior, and instead, rely on her husband seeking counseling and reforming his behavior.”

The woman intended to keep the conversations with her pastor private, the courts ruled.

Attorney Bruce Block, who represents Prominski, said religious leaders have had strong interest in the case.

The appeals panel was comprised of justices Stephen Borrello, David Sawyer and Deborah Servitto.

The stepfather pleaded no contest to second-degree criminal-sexual conduct, records showed.

John Agar covers crime for MLive/Grand Rapids Press E-mail John Agar:

jagar@mlive.com