anybody tries to claim clergy/penitent privilege in a court of law, they are admitting and expecting to be treated like clergy.
There is a difference between minister and clergy members—JW point out. JW have openly declared in court that they are not clergy. The onus is on the Courts to interpret the law in such a way as to determine if and when laws that apply to the clergy also apply to JW elders using a legal standard. It is unconstitutional to exclude JW religion from legal protections that other religions get because they have a clergy and JW do not. So the argument is that the term clergy is broadly used legally to include religions that have ministers that are not clergy members and it sometimes includes JW elder. However, since JW in fact do not have a clergy and that is their position, not all laws and benefits that apply to the clergy also apply to JW elders, so if an when the term clergy legally applies to the JW is a subject of LEGAL dispute when laws are not clear.