Ex parte Zoghby

Linda Ledet (plaintiff) attended a Catholic church at which Paul Zoghby was an associate priest. Zoghby allegedly made unwanted sexual advances toward Ledet. Ledet later reported Zoghby’s alleged conduct to Archbishop Oscar Lipscomb (defendant). To keep the matter confidential, Lipscomb investigated the allegations himself and confronted Zoghby, who eventually admitted to the misconduct. Zoghby received some counseling at an out-of-state center and authorized the release of those records to Lipscomb. Zoghby then was promoted to pastor of a different congregation. When Ledet learned of Zoghby’s promotion, she became distraught, had to receive medical treatment, and sued Lipscomb (among others). During the discovery phase of that lawsuit, Ledet learned of Zoghby’s out-of-state counseling and the attendant records. Ledet requested production of those documents. Lipscomb and Zoghby (who was not a party to the lawsuit) objected, claiming that the documents were privileged. Zoghby submitted an affidavit in which he claimed that he released the counseling records to Lipscomb for spiritual-advising purposes. However, during the deposition of Lipscomb, Lipscomb had stated that he did not consider himself to be Zoghby’s spiritual adviser and that he took an investigator role regarding Ledet’s allegations. Ledet moved to compel production of the records, which the trial court granted. Zoghby then petitioned for a writ of mandamus to vacate the order compelling production of his counseling records.