Mario Rodriguez-Ramirez v. State of Arizona
CourtArizona Supreme Court
Date FiledAugust 12, 2026
DocketCR-25-0157-PR
StatusPublished
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Full Opinion
IN THE
SUPREME COURT OF THE STATE OF ARIZONA
MARIO RODRIGUEZ-RAMIREZ,
Petitioner,
v.
STATE OF ARIZONA,
Respondent.
No. CR-25-0157-PR
Filed August 12, 2026
Special Action from the Superior Court in Maricopa County
The Honorable Kristin Culbertson, Judge
No. CR2021-101028-001
AFFIRMED
Opinion of the Court of Appeals, Division One
260 Ariz. 7 (App. 2025)
VACATED
COUNSEL:
Rachel H. Mitchell, Maricopa County Attorney, Quinton S. Gregory
(argued), Deputy County Attorney, Phoenix, Attorneys for State of Arizona
Natalee Segal, Ballecer & Segal, LLP, Phoenix; Jocquese Blackwell (argued),
Blackwell Law Office, PLLC, Phoenix, Attorneys for Mario
Rodriguez-Ramirez
Austin C. Yost, Andrew T. Fox, Coppersmith Brockelman PLC, Phoenix,
Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice
RODRIGUEZ-RAMIREZ v. STATE
Opinion of the Court
John J. Trebon, John Trebon, P.C., Flagstaff; Lynne M. Cadigan, Lynne
Cadigan Law, PLLC, Tucson; John C. Manly, Manly, Stewart & Finaldi,
Irvine, California, Attorneys for Amici Curiae Minor Doe Children
Lina Garcia, Maricopa County Office of the Public Defender, Interim
Director, Kristen Reller, Deputy Public Defender, Phoenix, Attorneys for
Amicus Curiae Maricopa County Office of the Public Defender
Kristin K. Mayes, Attorney General, Alice M. Jones, Deputy Solicitor
General/Section Chief of Criminal Appeals, Casey D. Ball, Assistant
Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney
General
JUSTICE BEENE authored the Opinion of the Court, in which CHIEF
JUSTICE TIMMER, VICE CHIEF JUSTICE LOPEZ and JUSTICES BOLICK,
MONTGOMERY, KING, and CRUZ joined.
JUSTICE BEENE, Opinion of the Court:
¶1 Arizona law recognizes evidentiary privileges that allow the
privilege holder to refuse to disclose certain confidential information and
to prevent its disclosure by others. See A.R.S. § 13-4062. In this case, we
consider what a criminal defendant must establish to invoke the
clergy-penitent privilege under § 13-4062(3) (“Clergy-Penitent Privilege ”).
Because the communication at issue here was not a “confession,” we
conclude the privilege does not apply.
BACKGROUND
¶2 The defendant, Mario Rodriguez-Ramirez, founded a
Phoenix church and served as its pastor; Jose Padron joined him as
co-pastor about four years later. The two are brothers-in-law and have been
friends for more than thirty years. In 2020, allegations surfaced that
Rodriguez-Ramirez had sexually abused Padron’s thirteen-year-old niece.
¶3 In response to these allegations, Rodriguez-Ramirez and
Padron met privately to discuss them. Padron recorded the conversation
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without Rodriguez-Ramirez’s knowledge or consent. During this
conversation, Rodriguez-Ramirez admitted that he secretly watched the
victim shower, hugged and kissed her, acknowledged that he “touched”
her, and that “she’s a little girl” and “I know it’s not right.”
¶4 Padron shared the recording with the victim’s family and
multiple members of the church congregation. The victim’s family
subsequently reported the matter to law enforcement. In 2021, the State
charged Rodriguez-Ramirez with several counts related to his alleged
sexual abuse of the victim.
¶5 Before trial, Rodriguez-Ramirez moved to suppress the
recording and the transcript of his conversation with Padron, arguing that
the Clergy-Penitent Privilege applied. The State opposed the motion,
asserting that because Padron was not acting in his professional capacity as
a clergyman, the conversation was not privileged.
¶6 The superior court conducted an evidentiary hearing, at
which both Padron and Rodriguez-Ramirez testified. In determining
whether the Clergy-Penitent Privilege protected their conversation, the
court applied the three-part framework articulated in State v. Archibeque,
223 Ariz. 231 (App. 2009). To determine whether the privilege applies,
Archibeque poses three requirements: “(1) Is the person who received the
confession a ‘clergyman or priest’? (2) Was the confession made while the
clergyman or priest was acting in his professional capacity? (3) Was the
confession made in the course of discipline enjoined by the church to which
the clergyman or priest belongs?” 223 Ariz. at 234 ¶ 7. If the answer to all
three is “affirmative,” then the privilege applies, unless waived. Id.
¶7 The superior court found that the first requirement was
satisfied because Padron was a member of the clergy. Both
Rodriguez-Ramirez and Padron testified that Padron served as a pastor in
their church, and the State did not ultimately contest that status.
¶8 Turning to Archibeque’s second requirement, the court
examined the substance of the conversation and determined that Padron
was not acting in his professional capacity as a member of the clergy. As
the court explained, “[s]ignificant portions of the conversation surrounded
optics of the allegations and how that would impact the congregation’s
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perception of [Rodriguez-Ramirez] and the administrative functioning of
the Church.” The conversation likewise focused on whether the victim’s
family would report Rodriguez-Ramirez to law enforcement and whether
he should leave the state. Although Rodriguez-Ramirez testified that he
sought spiritual guidance, the court found that testimony not credible. On
that basis, the superior court denied the motion to suppress, concluding
that the Clergy-Penitent Privilege did not apply.
¶9 Although the superior court did not reach Archibeque’s third
requirement, its factual findings necessarily resolved that issue as well. It
found that Rodriguez-Ramirez discussed his sexual misconduct to “protect
his reputation among his congregants, prepare an exit strategy to avoid any
legal repercussions, and [to] discuss succession plan[s] for his Church.”
The court further found that “[g]iven the totality of the circumstances,
[Rodriguez-Ramirez’s] claimed belief that he thought the admissions made
to Pastor Padron were confidential and for the purpose of spiritual
guidance is not reasonable.”
¶10 Rodriguez-Ramirez sought special action relief. The court of
appeals accepted jurisdiction and granted relief, vacating the superior
court’s order denying the motion to suppress concluding that
Rodriguez-Ramirez’s statements to Padron constituted a confession
protected by the Clergy-Penitent Privilege. Rodriguez-Ramirez v. State,
260 Ariz. 7, 11 ¶ 2, 15 ¶ 30, 19 ¶ 60 (App. 2025).
¶11 In reaching that conclusion, the court also applied the
three-part framework set forth in Archibeque. Id. at 13–14 ¶ 21. The court
concluded that the first requirement was satisfied because the parties
agreed that Padron qualified as a clergyman under the privilege statute. Id.
at 14 ¶ 25.
¶12 Having concluded that the first Archibeque requirement was
satisfied, the court next considered whether Rodriguez-Ramirez’s
statements to Padron constituted a confession received by Padron in his
professional character as clergy. Id. ¶ 27. The court first examined whether
the statements constituted a confession, recognizing that Arizona courts
had not previously defined that term for purposes of the Clergy-Penitent
Privilege. Id. at 14–15 ¶ 28. It therefore considered decisions from other
jurisdictions interpreting similar privilege statutes. Id. at 15 ¶ 29. Finding
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Opinion of the Court
the reasoning of Scott v. Hammock, 870 P.2d 947, 951 (Utah 1994) and State v.
MacKinnon, 957 P.2d 23, 28 ¶ 24 (Mont. 1998) persuasive, the court
concluded that Rodriguez-Ramirez’s conversation with Padron constituted
a confession under § 13-4062(3). Rodriguez-Ramirez 260 Ariz. at 154
¶¶ 29–31.
¶13 The court next considered whether Padron received that
confession in his professional capacity as a member of the clergy. Id.
at 16–17 ¶¶ 39–44. It acknowledged evidence that Padron spoke with
Rodriguez-Ramirez as a friend but concluded that he nevertheless provided
confidential spiritual guidance. Id. at 17 ¶ 51. The court, therefore, held
that Padron received the confession while acting in his professional
character as clergy and that the superior court erred in concluding
otherwise. Id. at 16 ¶ 41, 17 ¶¶ 45–51.
¶14 Completing its analysis under Archibeque, the court concluded
that the third requirement was satisfied. Id. at 18 ¶ 55. Based on Padron’s
and Rodriguez-Ramirez’s testimony, it determined that
Rodriguez-Ramirez confessed in conformity with the rules and customs of
their church. Id. ¶¶ 53–55. It therefore vacated the superior court’s order
denying Rodriguez-Ramirez’s motion to suppress. Id. at 19 ¶ 60.
¶15 The State filed a petition for review, which we granted to
determine the standards governing the application of the Clergy-Penitent
Privilege under § 13-4062(3), which is a matter of statewide importance
likely to recur. We have jurisdiction pursuant to article 6, section 5(3) of the
Arizona Constitution.
DISCUSSION
I.
¶16 The Legislature established the Clergy-Penitent Privilege
applicable in criminal proceedings in § 13-4062(3). That statute provides:
“A clergyman or priest [shall not be examined as a witness], without
consent of the person making the confession, as to any confession made to
the clergyman or priest in his professional character in the course of
discipline enjoined by the church to which the clergyman or priest
belongs.” § 13-4062(3).
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¶17 The Clergy-Penitent Privilege protects the “human need to
disclose to a spiritual counselor, in total and absolute confidence, what are
believed to be flawed acts or thoughts and to receive priestly consolation
and guidance in return.” Waters v. O’Connor, 209 Ariz. 380, 384 ¶ 17 (App.
2004) (quoting Trammel v. United States, 445 U.S. 40, 51 (1980)). Consistent
with that purpose, the privilege reflects a legislative response “to the urgent
need of people to confide in, without fear of reprisal, those entrusted with
the pressing task of offering spiritual guidance so that harmony with one’s
self and others can be realized.” Church of Jesus Christ of Latter-Day Saints v.
Superior Court, 159 Ariz. 24, 31 (App. 1988) (quoting Keenan v. Gigante, 390
N.E.2d 1151, 1154 (N.Y. 1979)).
II.
¶18 This Court has not previously articulated the framework
governing application of the Clergy-Penitent Privilege under § 13-4062(3).
As discussed above, Arizona courts have applied Archibeque’s three-part
test to determine whether the privilege applies. Supra ¶¶ 6, 11. We now
adopt the Archibeque framework as the governing standard for that
determination.
¶19 We add an additional requirement to that framework:
whether the communication at issue is a “confession.” Infra ¶¶ 34–36.
Unlike the spousal and attorney-client privileges, which protect “any
communication,” § 13-4062(3) protects only a “confession.” Because the
Clergy-Penitent Privilege applies only when the communication meets that
definition, we must define the term.
A. Is there a confession?
¶20 In Doe v. The Corporation of the President of the Church of Jesus
Christ of Latter-day Saints, we recently construed the meaning of
“confession” under A.R.S. § 13-3620(A). No. CV-25-0213-PR, 2026
WL 2203781, at *7 ¶¶ 34–35 (Ariz. July 30, 2026); see also Waters, 209 Ariz.
at 382 n.2 (citing MacKinnon, 957 P.2d at 28 ¶ 27; Scott, 870 P.2d at 956)
(noting that a “confession” under § 13-4062(3) includes “communications
made in the course of religious counseling, guidance and admonishment”).
Section 13-3620(A) requires the reporting of suspected child abuse but
exempts clergy from that requirement when they receive a confession and
determine that maintaining its confidentiality is “reasonable and necessary
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within the concepts of the religion.” § 13-3620(A). Although Doe
interpreted a different statute, the Legislature employed the same term in
the Clergy-Penitent Privilege context. Compare § 13-3620(A) (establishing
that, under the statute creating a duty to report, a privilege holder “may
withhold reporting of the communication or confession”), with § 13-4062(3)
(establishing that “a clergyman or priest” may not be examined “as to any
confession” absent “consent of the person making the confession”). When
the Legislature employs the same word in related statutes addressing the
same subject matter, we ordinarily presume it intended the same meaning
unless context suggests otherwise. See Stambaugh v. Killian, 242 Ariz. 508,
509 ¶ 7 (2017) (“In construing a specific provision . . . we may also consider
statutes that are in pari materia—of the same subject or general purpose—for
guidance . . . . ”). The two statutes, moreover, address different aspects of
the same protection: § 13-3620(A) exempts a clergy member from the duty
to report a confidential communication or confession when disclosure
would be inconsistent with the concepts of the religion, while § 13-4062(3)
shields a penitent’s confession from compelled disclosure. Because the
Legislature is presumed to use the same term consistently across related
statutes, we decline to read “confession” differently under these two
statutes. We therefore adopt the same construction for the Clergy-Penitent
Privilege.
¶21 Having adopted Doe’s construction of the term, we turn to the
definition itself. Doe defined “confession” consistent with the First
Amendment’s Free Exercise and Establishment Clause jurisprudence, as “a
confidential acknowledgment or admission of a crime, sin, or fault to a
member of the clergy, priest, or Christian Science practitioner for the
purpose of absolution.” 2026 WL 2203781 at *1 ¶ 3. We construe
”absolution” by its function, not by denomination. A confession need not
follow a formal sacramental rite; it is enough that the penitent discloses a
crime, sin, or fault to a member of the clergy while seeking spiritual
absolution, consolation, or guidance. 1 This reading is consistent with our
recognition, as noted above, that a confession includes communications
made in the course of religious counseling, guidance and admonishment.
Waters, 209 Ariz. at 382 n.2. The dispositive question is not whether the
1 Reading “absolution” in this manner is also necessary to avoid preferring
faiths that practice formal absolution over those that do not, contrary to
the Free Exercise and Establishment Clauses and article 2, section 12 of the
Arizona Constitution.
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penitent’s tradition observes a rite of absolution, but whether the
communication sought spiritual absolution, consolation, or guidance.
Accordingly, a party invoking the Clergy-Penitent Privilege must first
establish that the communication constitutes a confession. See Fann v. Kemp,
253 Ariz. 537, 541 ¶ 8 (2022) (“The party asserting a privilege has the burden
of proving each of its elements.”). Only if that threshold requirement is
satisfied do we consider the remaining requirements governing the
privilege.
¶22 Applying this definition does not require the kind of doctrinal
analysis we held impermissible in Doe. There, we held that determining
whether a person’s communication to a clergy member constitutes a
confidential communication or confession is “explicitly doctrinal,” and that
the First Amendment places that determination beyond the purview of the
factfinder. 2026 WL 2203781 at *9 ¶ 44. The test we describe here does not
run afoul of that holding. A factfinder applying our definition does not
assess whether a communication satisfies any particular faith’s theological
requirements; it asks only whether the communication sought spiritual
absolution, consolation, or guidance. That question is factual—it asks what
the communication was for, not whether it complied with the tenets of any
religion—and it therefore does not implicate the constitutional concerns
identified in Doe.
B. Was the person receiving the confession a clergyman or priest?
¶23 To satisfy the second requirement, the individual receiving
the confession must be a clergyman or priest recognized under the church’s
“ecclesiastical rules, customs and laws.” Archibeque, 223 Ariz. at 234 ¶ 8
(quoting Waters, 209 Ariz. at 385 ¶ 21). In adopting this analytical
framework, we clarify that the terms “clergyman” and “priest” are not
limited to members of religious organizations with ordained clergy. See
Waters, 209 Ariz. at 384 ¶ 19. Interpreting those terms to apply only to
ordained clergy would favor religious organizations that ordain clergy over
those that do not, raising concerns under the First Amendment’s
Establishment Clause and article 2, section 12 of the Arizona Constitution.
See U.S. Const. amend. I; Ariz. Const. art. 2, § 12; see also Larson v. Valente,
456 U.S. 228, 244 (1982) (“The clearest command of the Establishment
Clause is that one religious denomination cannot be officially preferred
over another.”).
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C. Was the confession made while a clergyman was acting as a
spiritual leader?
¶24 The third requirement concerns the capacity in which the
clergyman or priest receives the confession. See Archibeque, 223 Ariz. at 234
¶ 7. Specifically, the confession must be made while the clergyman or priest
is acting in his or her “professional character.” Id. at 235 ¶ 10. This element
requires “the communication to be directed to a clergyman in his or her
capacity as a spiritual leader within his or her religious denomination.” Id.
¶ 11 (quoting Waters, 209 Ariz. at 385 ¶ 22). We now clarify the standard
for determining whether a penitent’s confession is made to a clergyman
acting in his or her professional character.
¶25 Because the Clergy-Penitent Privilege protects the penitent’s
expectation that a confidential statement will remain private, the inquiry
necessarily begins with the penitent’s subjective understanding of the
relationship. See In re MH2023-004502, 261 Ariz. 342, 348 ¶ 24 (2026)
(“Whether a confidential behavioral health professional-client relationship
exists is initially a subjective inquiry . . . .”). We limit the privilege,
however, to circumstances where the penitent’s subjective belief is
objectively reasonable to ensure that the privilege remains confined to the
communications that the statute intended to protect. This objective
component prevents the privilege from turning solely on the
communicant’s undisclosed intentions.
¶26 This approach is informed by our attorney-client and
physician-patient privilege jurisprudence, which similarly considers the
claimant’s understanding of the relationship in light of the circumstances
surrounding the communication. See Clements v. Bernini, 249 Ariz. 434, 440
¶ 9 (2020) (“The existence of an attorney-client relationship is evaluated by
a subjective test, which examines the nature of the work performed
and . . . the circumstances under which the confidences were divulged.”
(citation omitted)); State v. Steelman, 120 Ariz. 301, 317 (1978) (reasoning
that, absent clear, objective evidence to the contrary, a patient’s subjective
belief regarding the purpose of an exam governs whether the privilege
applies). We therefore conclude that this requirement is satisfied if the
penitent subjectively believes that the clergyman is acting in a professional
capacity when receiving the confession, provided that the belief is
objectively reasonable under the circumstances.
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¶27 Requiring both a subjective belief and objective
reasonableness appropriately cabins the privilege. It protects a penitent
whose sincere understanding of the relationship ultimately proves
mistaken while preventing the privilege from extending to
communications founded on an objectively unreasonable belief that the
clergyman was acting in a professional capacity.
D. Was the confession made in accordance with the church’s rules
and practices regarding confidential spiritual communications?
¶28 The final requirement is that the confession be made in the
course of discipline enjoined by the church to which the clergyman belongs.
Archibeque, 223 Ariz. at 235 ¶ 12. We interpret this requirement to mean
that the confession must be made in accordance with the religious
organization’s rules, customs, or practices. We note that religious
organizations differ in the extent to which they prescribe formal rules
governing confessions. Regardless of those differences, the party asserting
the privilege bears the burden of establishing that the confession occurred
in accordance with the organization’s rules, customs, or practices. See Fann,
253 Ariz. at 541 ¶ 8.
E. Implied Waiver Doctrine.
¶29 Having identified the requirements for invoking the
Clergy-Penitent Privilege, we next address whether, and under what
circumstances, the privilege—though otherwise satisfied—may
nonetheless be waived.
¶30 As explained earlier, the Clergy-Penitent Privilege belongs to
the communicant of the confidential statements, not the recipient. See Udall
& Livermore, Law of Evidence § 71 at 126 (2nd ed. 1982) (“Privileges as to
confidential communications customarily belong to the person making the
communication. Because it is that person’s conversational privacy that is
being protected only he has the right to prevent revelation.”). Like other
evidentiary privileges, the Clergy-Penitent Privilege is subject to implied
waiver. See Church of Jesus Christ of Latter-Day Saints, 159 Ariz. at 29
(concluding that an evidentiary privilege may be waived by conduct
inconsistent with preserving the confidentiality of the communication).
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¶31 Our decision in Bain v. Superior Court supplies the governing
standard regarding waiver. 148 Ariz. 331, 334 (1986). There, we explained
that implied waiver occurs when the privilege holder engages in a “course
of conduct inconsistent with observance of the privilege.” Id. Nothing in
§ 13-4062(3) suggests that the Clergy-Penitent Privilege is exempt from this
well-settled common law principle. We therefore conclude that the
Clergy-Penitent Privilege is subject to implied waiver. However, because
waiver is not at issue here, we need not decide whether Rodriguez-Ramirez
engaged in a course of conduct inconsistent with observance of the
privilege.
III.
A. Application of the Clergy-Penitent Privilege framework.
¶32 Applying these principles, we determine that the court of
appeals erred in concluding that Rodriguez-Ramirez established the
Clergy-Penitent Privilege. The court committed two errors. First, it failed
to properly consider whether Rodriguez-Ramirez’s statements constituted
a confession under § 13-4062(3). Second, it did not afford the superior
court’s factual findings the deference our standard of review requires.
¶33 Whether a privilege exists is a question of law and is subject
to de novo review. See State ex rel. Adel v. Adleman, 252 Ariz. 356, 360 ¶ 10
(2022); see also Archibeque, 223 Ariz. at 234 ¶ 5 (addressing Clergy-Penitent
Privilege). But courts apply an abuse of discretion standard when
reviewing “any necessary fact finding conducted by the trial court in order
to resolve these issues,” Archibeque, 223 Ariz. at 234 ¶ 5, and will uphold the
trial court’s decision if there is “any reasonable evidence in the record to
sustain it,” State v. Morris, 215 Ariz. 324, 341 ¶ 77 (2007) (quoting State v.
Veatch, 132 Ariz. 394, 396 (1982)). “We consider only the evidence presented
at the suppression hearing and view the facts in the light most favorable to
sustaining the court’s ruling.” State v. Goudeau, 239 Ariz. 421, 439 ¶ 26
(2016). We also construe evidentiary privileges narrowly, as they impede
the truth-seeking function of the court. Waters, 209 Ariz. at 384 ¶ 16.
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B. The court of appeals failed to define what constitutes a confession.
¶34 Recognizing that Arizona courts had not previously defined
the term “confession” under § 13-4062(3), the court looked to decisions
from other jurisdictions for guidance. Rodriguez-Ramirez, 260 Ariz. at 14–15
¶¶ 28–29. It failed, however, to either define confession for purposes of its
analysis or clearly articulate a legal standard governing what constitutes a
confession. Instead, it proceeded directly to the facts of this case and
concluded that Rodriguez-Ramirez’s statements constituted a confession.
Id. at 15 ¶¶ 30–31.
¶35 In reaching its conclusion, the court emphasized that
Rodriguez-Ramirez admitted his prior conduct and expressed concern
about the harm to the victim, her family, the congregation, and the church.
Id. ¶ 30. It also relied on portions of the conversation addressing church
management, including whether Rodriguez-Ramirez should leave the
church or instead address the congregation. Id. ¶ 31.
¶36 However, before applying § 13-4062(3) to the facts of this case,
the court first should have identified what constitutes a confession under
the statute. Only then could it determine whether the conversation between
Rodriguez-Ramirez and Padron satisfied that definition. Absent that
governing definition, the court lacked a framework for determining
whether Rodriguez-Ramirez’s statements qualified as a confession under
the Clergy-Penitent Privilege.
C. The court of appeals failed to defer to the superior court.
¶37 The court of appeals’ analysis was flawed in a second respect.
It failed to afford the superior court’s factual findings the deference our
standard of review requires. Those findings illustrate why such deference
was warranted here.
¶38 At the suppression hearing, both Padron and
Rodriguez-Ramirez testified. 2 Accordingly, the court was in a position to
2 The superior court observed that the “most credible and compelling
evidence” bearing on the privilege issue was the transcript of the
conversation between Padron and Rodriguez-Ramirez. Although Clements
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gauge their respective credibility, a determination that is likewise entitled
to deference. Valley Med. Specialists v. Farber, 194 Ariz. 363, 367 (1999)
(holding that substantial deference is given to a trial court’s findings of fact);
see also State v. Havatone, 241 Ariz. 506, 516 ¶ 43 (2017) (Pelander, J.,
concurring). Following the hearing, the court issued a detailed ruling
setting forth the factual findings supporting its conclusion that the
Clergy-Penitent Privilege did not apply.3 Among its findings, the following
are most pertinent to our analysis:
10. The Defendant’s testimony that he made the admissions
to Pastor Padron in the hope of obtaining spiritual
guidance is not credible . . . .
12. Significant portions of the conversation surrounded optics
of the allegations and how that would impact the
congregation’s perception of the Defendant and the
administrative functioning of the Church.
13. The parties discussed the possibilities of what would
happen to the Defendant if he was reported to the
authorities.
14. They discussed the possibility of the Defendant fleeing the
jurisdiction.
15. Pastor Padron and the Defendant talked about Padron
trying to determine if [the victim’s] mother intended to
report the matter to authorities, and report back to the
Defendant.
instructs that “the court may not invade the privilege to determine its
existence,” 249 Ariz. at 438 ¶ 1, that concern is not present here. Because
both parties jointly submitted the transcript for the court’s consideration,
the court was not required to determine whether the Clergy-Penitent
Privilege applied without reviewing the communication itself.
3 The superior court issued a comprehensive order that clearly set forth its
factual findings and legal analysis, thereby aiding our review. Such orders
promote meaningful appellate review and are encouraged.
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16. Defendant was aware that, following their conversation,
Padron would have contact with [the victim’s] parents to
discuss the allegations . . . .
20. The Defendant’s purpose in disclosing the hugging,
kissing, and watching [the victim] shower was to discuss
ways to protect his reputation among his congregants,
prepare an exit strategy to avoid any legal repercussions,
and [] discuss [a] succession plan for his Church.
21. Given the totality of the circumstances, Defendant’s
claimed belief that he thought the admissions made to
Padron were confidential and for the purposes of spiritual
guidance is not reasonable.
22. The statements made by the Defendant did not take place
while Pastor Padron was acting in his professional
character or professional capacity as a clergyman.
The court further found Rodriguez-Ramirez’s testimony not credible and
self-serving while crediting Padron’s testimony.
¶39 Despite these findings, the court of appeals concluded that the
superior court erred by finding that Rodriguez-Ramirez lacked a
reasonable belief that his conversation with Padron was confidential and
undertaken for the purpose of obtaining spiritual guidance.
Rodriguez-Ramirez, 260 Ariz. at 16–17 ¶¶ 41–45. We disagree with that
conclusion.
¶40 The court of appeals’ departure from the proper standard of
review occurred in two respects. First, it concluded that the superior court
improperly relied on Padron’s discussion with the victim’s family in
finding that the conversation was not confidential. Id. at 16 ¶¶ 40–41. It
reasoned that Padron’s conversations with the family before meeting with
Rodriguez-Ramirez—and Rodriguez-Ramirez’s awareness that Padron
would speak with them again afterward—did not undermine the
confidential nature of their conversation. Id.
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¶41 Second, the court determined that Padron provided
Rodriguez-Ramirez with “spiritual advice and counsel” while acting in his
professional capacity as clergy. Id. at 17 ¶¶ 43–51. It reasoned that “[e]ven
though [Padron] testified he spoke with Rodriguez-Ramirez as a friend, he
responded to Rodriguez-Ramirez’s statements at least in part with clerical
guidance and counsel” within “his professional character as clergy.” Id.
¶¶ 45, 51.
¶42 In both respects, the court of appeals did not apply the
deferential standard our precedent requires. The proper inquiry on review
is not whether the evidence could support a different conclusion, but
whether reasonable evidence supports the superior court’s findings. See
Morris, 215 Ariz. at 341 ¶ 77; Goudeau, 239 Ariz. at 439 ¶ 26. Instead, the
court of appeals reweighed the evidence concerning both the
confidentiality of the conversation and whether Padron was acting in his
professional capacity as clergy—an inquiry that exceeds the proper scope
of appellate review. See State v. Lee, 189 Ariz. 590, 603 (1997).
¶43 Applying the proper standard of review, for the reasons
explained below, we conclude that reasonable evidence supports the
superior court’s factual findings. The court of appeals, therefore, erred in
concluding that Rodriguez-Ramirez satisfied the requirements for the
Clergy-Penitent Privilege.
D. The communication was not a confession.
¶44 Applying the threshold step in the Clergy-Penitent Privilege
framework set forth above, we conclude that Rodriguez-Ramirez failed to
establish that his communication with Padron constituted a “confession”
within the meaning of § 13-4062(3).
¶45 To invoke the privilege, the party asserting it must establish
that the communication at issue constitutes a confession. See Fann, 253 Ariz.
at 541 ¶ 8. As explained in Doe, we defined a confession as “a confidential
acknowledgment or admission of a crime, sin, or fault to a member of the
clergy . . . for the purpose of absolution.” 2026 WL 2203781 at *1 ¶ 3. A
communication does not cease to be a confession merely because it also
includes discussion of non-spiritual matters. Similarly, a communication is
not transformed into a confession merely because it contains admissions of
wrongdoing, spiritual discussion, or a prayer. Instead, a communication
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RODRIGUEZ-RAMIREZ v. STATE
Opinion of the Court
must be for the purpose of absolution, as identified in Doe, to be considered
a confession. Id. at *7 ¶ 34. The circumstances in this case—whether
considered individually or collectively—did not transform the
conversation into a confession protected by § 13-4062(3). Although
Rodriguez-Ramirez admitted prior misconduct, he acknowledged
struggling with his attraction to the victim, Padron discussed the spiritual
ramifications of that conduct, and the conversation concluded with prayer,
those circumstances did not meet the defining characteristics identified in
Doe.
¶46 The superior court reasonably found that the discussion
centered on protecting Rodriguez-Ramirez’s reputation, addressing church
administration, and minimizing the legal and practical consequences of the
allegations made against him. The discussion even turned to the logistics
of Rodriguez-Ramirez’s flight from law enforcement, in case Padron’s
efforts to dissuade the victim’s parents from pursuing charges failed. The
record contains reasonable evidence supporting those findings, and the
court of appeals therefore erred in declining to defer to them.
¶47 Collectively, those findings establish that Rodriguez-Ramirez
neither sought absolution from Padron nor intended that their
communication remain confidential. His communication with Padron,
therefore, did not constitute a confession as defined in Doe.
¶48 Because Rodriguez-Ramirez’s communication with Padron
was not a confession, the inquiry ends there. The Clergy-Penitent Privilege
does not apply. We therefore need not consider whether the remaining
requirements of the Clergy-Penitent Privilege framework are satisfied.
CONCLUSION
¶49 We vacate the court of appeals’ opinion, affirm the superior
court’s order denying Rodriguez-Ramirez’s motion to suppress, and
remand to that court for proceedings consistent with this Opinion.
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