Jim W,
My question to you: Are you an attorney?
In my opinion, anyone who tries to establish their credential to give legal advice to public forum partcipants—many of whom plainly would live in states/countries where the advisor is not licensed to practice law—does so at their own peril.
If you don't know what I mean, you've proved my earlier points.
My point with marvin is that initially he implied that the California has some broad application in his effort to refute my points.
My point with you is that Marvin never asserted that the California ruling does have broad application. He merely (and correctly) asserted that it very well may have broad enough application to make applying his advice worthwhile if someone has been invited to attend a JC (which doesn't apply to your case) and they plan to attend (which doesn't apply to your case) and they want to know how to best generally protect their interests (which doesn't apply to your case).
Since on its face none of Marvin's advice could possibly be construed as contextually applicable to your case (a fact a first year law student should be aware of at a glance), why would you imagine that the relevance to your case would have any bearing whatsoever on whether or not Marvin's advice is sound? The fact that you are in school to become a lawyer is surely no guarantee you will be a good lawyer.
Your rather poorly demonstrated ability to apply rational thought to hypothetical situations in order to project likely outcomes of a specific course of action argue strongly that you will be a mediocre attorney. Don't get me wrong, I don't mean that as demeaning to you. We need mediocre attorneys, too. And even mediocre attorneys manage to command decent salaries.
When you read various opinions of trial and appellate courts you get a flavor for how case citations get argued. Both judges and counsel for the opposition do exactly as I suggested, they argue a more narrow application.
However, when a state has already successfully upheld a ruling based on that finding under appeal neighboring states and states with similar legislation have a very long historic track record of favoring "broadening" the application.
I disagree that the finding would be viewed in the "narrow" sense of applicable only in child molestation/crime contexts. The finding, as Marvin has repeatedly demonstrated, is not predicated on the nature of the case. It is predicated on the underlying nature of the communication, itself. I mentioned this before. Apparently, you are either too obtuse to get the sense of why that makes a difference or you are so hell bent on trying to cast Marvin's advice in a bad light (or defend your initial casting as the correct one) that you pretend not to notice.
Also, just because the WTS lost in one case in California does not mean that they will not fight the same elsewhere with their own set of motions, all of which take months and years to get through the system.
Are you saying that because I didn't set out a timeline and the likely responses in minutiae that I am lacking in knowledge? The end result will be the same: In any state where the statute governing what constitutes ecclesiastical/clerical privilege is similar to the one in California, the eventual finding will be identical. The nature of the communication is not penitential nor clerical in nature, nor is there an expectation of privacy. Predicated on the nature of the communication, regardless of the specific cause of action, the communication will not be ruled privileged.
The fact that the California ruling held up on appeal only gives the judge a more stable basis from which to rule, making it less likely that the ruling will be appealed/overturned in his/her state.
I am tired of typing to you about it. You are either to thick to get it or you don't want to get it. You have yet to disclose a single point of the initial advice that is unsound, you are only whining.
AuldSoul