State v. Szemple

In State v. Szemple, 135 N.J. 406, 424, 640 A.2d 817 (1994), both the Appellate Division and Supreme Court assumed, without deciding, that the individual involved in that case, Bischoff, qualified as a clergy person covered by the rule. Szemple, supra, 135 N.J. at 421 n.2, 640 A.2d 817; see also State v. Szemple, 263 N.J. Super. 98, 107 n. 3, 622 A.2d 248 (App.Div.1993). Although the trial court found that Bischoff was not a clergy person, neither party raised or briefed the issue and, therefore, neither appellate court addressed it. Ibid. The facts of the case revealed, however, that Bischoff was a deacon, ordained as a Minister of Visitation, and that he visited the sick, elderly and imprisoned "to comfort them and discuss their religious needs and concerns." Szemple, supra, 135 N.J. at 412-13, 640 A.2d 817.