In re Murtha

The In re Murtha, 115 N.J. Super. 380, 385, 279 A.2d 889 (App.Div.), certif. denied, 59 N.J. 239, 281 A.2d 278 (1971) court concluded that the nun "did not, and obviously could not, show that she was a person or practitioner authorized to perform functions similar to those performed by a clergyman or minister--more specifically, by a priest." Ibid. The court found that the nun was a "religieuse" or "a dedicated member of a teaching order of nuns, but she admittedly did not conduct any type of religious services involving pupils in the school, nor did she carry on any of the religious functions of a priest, such as hearing confessions or giving absolution." Ibid. Further, the court was unable to find anything in the Catholic doctrine or practice that would allow a nun to claim the privilege. Id. at 387, 279 A.2d 889.