Lake County, FL – The state of Florida has now dismissed criminal charges against Jennifer Densmore after finding that she qualifies as a clergy under the Clergy Communications Privilege. Ms. Densmore is represented by Liberty Counsel.

Since 1993, Jennifer Densmore has worked as a Minister of Counseling at GFC Counseling, a ministry of Groveland Free Church. Its founder, Dr. Joseph Nussbaumer, is also the pastor of Groveland Free Church. Through GFC Counseling, Dr. Nussbaumer and those who work under his direction counsel members of the church, as well as others who seek spiritual counseling.

Although Ms. Densmore is not an ordained clergy, she assists Dr. Nussbaumer in handling the counseling load, and she also provides spiritual counseling. Last year, after Ms. Densmore counseled with an individual, she was subpoenaed by the state of Florida to testify regarding the content of her counseling and to turn over records of the counseling session. When she refused, she was found in contempt and charged criminally. The State took the position that Ms. Densmore was not protected by the Clergy Communications Privilege. Ms. Densmore then obtained the services of Liberty Counsel, which filed a brief on her behalf requesting that the charges be dismissed because the communication was privileged. The State has now dropped all charges, stating that the communications were confidential and that Ms. Densmore “had the right (and the legal obligation)” not to reveal the contents of the session. The dismissal found that Ms. Densmore “is not guilty as a matter of law” for refusing to reveal the counseling.

Last year Liberty Counsel successfully represented Dr. Nussbaumer, who was also subpoenaed to reveal information obtained in a counseling session. The state of Florida at that time took the position that although Dr. Nussbaumer is a clergy, GFC Counseling was not a church. The appeals court found that the parachurch counseling ministry and associated clergy were protected by the clergy privilege. In the case of Ms. Densmore, the State took the position that a non-ordained clergy who operates under the direction of a clergy is not protected by the clergy privilege. In dismissing the charges, the State has now backed away from that position.

Mathew D. Staver, President and General Counsel of Liberty Counsel, said: “The Clergy Communications Privilege is essential to pastoral counseling. Counselees must be assured that the secrets they reveal during pastoral counseling will remain secret. Nonclergy who counsel under the direction and supervision of clergy are likewise protected by the clergy privilege. A person seeking counseling at a church or a parachurch religious counseling ministry should not have to inquire into the ordination status of the counselor.”