JACKSON, Miss. -- Mississippi's Supreme Court is expected to hear a case that questions a church's responsibility for unethical behavior, according to The Clarion-Ledger.

Julie Mabus, the ex-wife of former Mississippi Gov. Ray Mabus, is suing St. James Episcopal Church and its former priest, Jerry McBride, for clergy malpractice, breach of duty, fraud and negligence. No trial date has been set.

The case is a test of whether confessions made to clergy members are subject to the same rules as the attorney-client privilege.

The suit alleges that McBride secretly taped Julie Mabus' admission of an extramarital affair during a confessional, then used the tape in evidence at subsequent divorce and child custody hearings.

The church and McBride are claiming protection under the First Amendment, which prevents the government from intruding in church matters that do not deal with criminal issues. McBride also claims the taping took place during a marital counseling session rather than a private confessional, according to the newspaper.

Clergy malpractice has been argued several times in other states, but never successfully, The Clarion-Ledger reports. In 1988, a suicide victim's parents sued Grace Community Church in Los Angeles, claiming the church should have referred their son to therapy.

The California Supreme Court ruled in favor of the church but not before a lengthy court battle. The U.S. Supreme Court never heard the case.

"No supreme court in any jurisdiction has upheld a cause of action where the basis was clergy malpractice," said Mark A. Weitz, a civil litigation attorney and author of "Clergy Malpractice in America."

Weitz' book, published in 2001, focuses on the Nally case, examining religious freedom and how it relates to professional accountability.

"What you're starting to see are statutory laws in a lot of jurisdictions that say when clergy do things that hurt people, they can be held responsible," Weitz said.

University of Texas at Austin law professor Doug Laycock told The Clarion-Ledger he doesn't believe the lawsuit will be successful. Laycock, a prominent church and state scholar, said courts shouldn't be allowed to decide how a church should proceed.

"On the whole, we're a whole lot better if the state doesn't have the power to interfere," Laycock said. "You don't want a world in which the state could force religion to be reasonable."